Reader’s Question:

My brother has a DUI conviction here in Schaumburg, Illinois and I have been doing several researches about the DUI state laws. I came across some information about clearing a DUI record. Is it true that he can have this DUI conviction completely erased?

Nadine

Schaumburg, IL

Your brother’s DUI conviction in Schaumburg, Illinois does not have to haunt him for a lifetime. In fact, he can obtain an expungement to clear his criminal records, remove all his record of a past arrest and he can move on with his life and put those past transgressions behind him.

Your brother can obtain an expungement after he has completed supervision, and waited for the obligatory statutory period of time to expire. When this occurs, his DUI lawyer can file a petition with the State’s Attorney, the clerk’s office, the local arresting agency, and the State Police stating that he intends to expunge his arrest records. The police will have the opportunity to present any objections they may have to the court, and the court can either deny or grant the petition. In the event the court denies his petition, he can appeal to a higher court. One more thing is that the only way to get a conviction off of his record is to petition for executive clemency. His DUI lawyer should have experience in executive clemency and will petition the Governor’s office through the Illinois Prison Review Board. Clemency does not erase the crime, though, rather it simply forgives it, so that the conviction may no longer be used against him.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer