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 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.