Can a DUI be expunged in Illinois?
Illinois clears a DUI only where the charge was dismissed, acquitted or resolved through a diversion programme; a conviction stays. The licensing agency keeps the DUI on the driver record either way.
A DUI conviction is the offence most often written out of a state's expungement law. Where relief exists at all it usually arrives with a waiting period, a one-time limit and a list of disqualifiers, and clearing the court record is not the same as clearing the record the licensing agency keeps. The rules below are Illinois's own, each quoted from the statute or the agency that holds the record.
Also called: sealing; petition to seal or expunge.
Whether a DUI can be cleared at all
| What the relief is called | expungement |
|---|---|
| A DUI conviction | Only if the charge was dismissed or diverted |
| Waiting period | not stated as a fixed period |
| How it is obtained | Automatic for some records, by petition for others |
Under 20 ILCS 2630/5.2(a)(3)(A) a court may not order the sealing or expungement of records of an arrest or charge that resulted in an order of supervision for, or conviction of, Section 11-501 of the Illinois Vehicle Code — the driving under the influence offence — or a similar local ordinance. Court supervision, which is not a conviction in Illinois, is excluded on the same terms. Records of a driving-under-the-influence arrest that ended in acquittal, dismissal or release without conviction are not within that exclusion.
“the court shall not order: (A) the sealing or expungement of the records of arrests or charges not initiated by arrest that result in an order of supervision for or conviction of: ... (ii) Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance”
The driving record is a separate record
This is the part most summaries leave out. A court can seal or expunge the criminal case and the licensing agency can still keep the DUI on the driver record, where it reaches insurers and counts as a prior offence if there is a second one.
Not cleared. The Secretary of State's DUI Fact Book states that a driving-under-the-influence conviction is a permanent part of the Illinois driving record. Nothing in 20 ILCS 2630/5.2 reaches the Secretary of State's driver record, and 625 ILCS 5/6-117(c) directs the Secretary of State to maintain records of convictions reported under the Vehicle Code without setting a removal date. Records of a supervision disposition are also maintained under 625 ILCS 5/6-117(e), with access limited to the Secretary, other states' licensing administrators, law enforcement, the courts and the driver.
“A DUI conviction is a permanent part of your driving record.”
What else sits on that record: suspensions and points in Illinois.
How long the wait is, and from when
No waiting period applies to a driving-under-the-influence supervision or conviction, because 20 ILCS 2630/5.2(a)(3)(A) puts those records outside sealing and expungement altogether. The statute's general sealing waiting period runs from termination of the sentence or supervision and does not reach this offence.
“"Terminate" as it relates to a sentence or order of supervision or qualified probation includes either satisfactory or unsatisfactory termination of the sentence, unless otherwise specified in this Section.”
Automatic or by petition
Illinois clears some records without a filing but only in named categories. Under 20 ILCS 2630/5.2(a)(2.5) the citing law-enforcement agency automatically expunges records of civil cannabis and drug-paraphernalia violations twice a year, and subsection (j) directs the Illinois State Police, local agencies and circuit clerks to automatically seal Class 4 felony prostitution arrests and convictions by January 1, 2028. There is no automatic route for driving under the influence, which subsection (a)(3)(A) excludes from sealing and expungement entirely.
“The Illinois State Police and local law enforcement agencies within the State shall automatically seal the law enforcement records relating to a person's Class 4 felony arrests and charges not initiated by arrest for prostitution”
Where it is filed, and what it costs
| Filed with | the circuit court in the county where the arrest or charge was brought, through the circuit court clerk |
|---|
20 ILCS 2630/5.2 does not set a fixed filing fee. It allows the arresting agency to charge a fee equivalent to the cost of processing an order to expunge or seal, allows the circuit court clerk to charge a fee equivalent to the associated cost, and directs the clerk to deposit $10 of the total filing fee collected into the Circuit Court Clerk Operation and Administrative Fund to offset the cost of serving the petition on all parties.
“From the total filing fee collected for the petition to seal or expunge, the circuit court clerk shall deposit $10 into the Circuit Court Clerk Operation and Administrative Fund”
Whether a cleared DUI still counts as a prior
Because a driving-under-the-influence supervision or conviction cannot be sealed or expunged in Illinois, nothing removes it from later consideration. The Secretary of State's DUI Fact Book states the conviction is a permanent part of the driving record.
“A DUI conviction is a permanent part of your driving record.”
The statute: 20 ILCS 2630/5.2
“(3) Exclusions. Except as otherwise provided in subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) of this Section, the court shall not order:”
Questions about clearing a DUI in Illinois
- Can an Illinois DUI be expunged or sealed?
- No. 20 ILCS 2630/5.2(a)(3)(A) states the court shall not order the sealing or expungement of records of arrests or charges that result in an order of supervision for or conviction of Section 11-501 of the Illinois Vehicle Code or a similar local ordinance. That covers court supervision as well as a conviction. Records of a driving-under-the-influence arrest that ended without a conviction or supervision fall outside the exclusion.
- Does Illinois automatically clear old records?
- Only in named categories. 20 ILCS 2630/5.2(a)(2.5) has law-enforcement agencies automatically expunge civil cannabis and drug-paraphernalia violation records twice a year, and subsection (j) requires automatic sealing of Class 4 felony prostitution arrests and convictions by January 1, 2028. Driving under the influence is excluded from sealing and expungement under subsection (a)(3)(A), so no automatic route applies.
- How long does a DUI stay on an Illinois driving record?
- The Secretary of State's DUI Fact Book states that a DUI conviction is a permanent part of the driving record. 625 ILCS 5/6-117(c) directs the Secretary of State to maintain records of convictions reported under the Vehicle Code and sets no removal date, and 625 ILCS 5/6-117(e) requires records of supervision dispositions to be kept, available to the Secretary, other states' licensing administrators, law enforcement, the courts and the driver.
Sources
Cite this page
Every state page quotes the statute or agency page each value comes from; when citing this page, include the verification date shown above.
WheelsBack. "DUI expungement and record sealing in Illinois." Verified against primary sources August 29, 2026; sources re-checked September 4, 2026. https://wheelsback.com/illinois/dui-expungement/