Illinois DUI Record Expungement
Reader’s Question:
My brother has a DUI conviction in 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 Illinois does not have to haunt him for a lifetime. In fact, he can expunge 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.
Illinois SR22 Auto Insurance
Reader’s Question:
I have a DUI conviction here in Illinois and my license has been revoked. I’m getting ready to get my license back and I was advised by a friend that I need to file SR22 auto insurance. Is this some type of insurance policy?
Oscar
Naperville, IL
Since your driver’s license has been revoked because of your DUI conviction in Naperville, Illinois, you need to file an SR22 auto insurance to get your license reinstated. SR22 is not an auto insurance policy, but rather it is a type of rider that is added to an Illinois insurance policy. It is a form from the Department of Motor Vehicles (DMV) that shows that a driver has auto insurance. This is a document required as proof of financial responsibility under Illinois state law for persons convicted for DUI. This is simply a form which must be filed by the insurance company stating that auto liability insurance is in effect for a certain individual.
You can check with your insurance company first if they do offer SR22 auto insurance. That way, you can simply add SR22 to your insurance policy. If not, you need to contact an insurance agent to buy liability insurance to get SR22 from another insurance company. Ask the agent for SR22 form once you have committed to purchasing a policy. You need to take the form to the Illinois DMV and this can be done personally.
Illinois DUI Charge For First Offense – What Will Happen Next?
Reader’s Question:
I was charged with DUI here in Illinois. This is my first offense and I swore that this would never happen again. Do I have high chances of winning my case? Will my record ever be clear again?
Noah
Waukegan, IL
A DUI charge in Illinois does not necessarily lead to automatic convictions because there may be weaknesses in the state’s case against you. Potential DUI challenges may include challenging your initial arrest, your blood alcohol test results, your questioning and the testimony of the arresting officer. Your Illinois DUI lawyer could help you get out of the courtroom clear. But if in any case that you do not win the case, your lawyer could be able to plea bargain for a lesser charge or a less severe penalty.
Should you be convicted of DUI, you can clear your record by seeking a new trial following your DUI conviction. If you are later found not guilty on your second trial, your conviction will be cleared and the legal effect is that as if you were never convicted. If in any case that you don’t win your second trial, you are eligible to appeal your DUI conviction.
Illinois DUI Conviction – How Long Will It Stay On My Record?
Reader’s Question:
How long does a DUI stay on record for the states of Michigan and Illinois? Does it reflect on my criminal record?
Joshua
Cicero, IL
Most traffic violation in Michigan stays on your record for at least 7 years. But, certain convictions and licensing actions remain on your driving record for at least 10 years. The same is true for alcohol violations which remain on your record for a minimum of 10 years. Fatality remains in you driving permanently in Michigan.
According to the Illinois the IL Secretary of State (SOS), moving violations remain on a driver’s record for 4 to 5years from the date of conviction. The information on the ticket will be carried on your driving record for a minimum of 7 years from the date of reinstatement if such ticket forms the basis for suspension or revocation of your license. DUI remain on a driver’s record for a lifetime in Illinois.
See with the various state’s courts to know how long these types of records will remain on your record and whether DUI is criminal or not.
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