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A DUI conviction or supervision stays on your record permanently in Illinois. DUI, whether at the misdemeanor or felony level is one of only a few charges that the Illinois legislature excluded from the possibility of being expunged or sealed where the case didn’t result in outright dismissal. Prompt DUI defense can help you fight the charges and explore alternatives that may prevent conviction, and in limited cases avoid a disposition on the DUI at all.
A Conviction Never Comes Off
Any driver in Illinois who is convicted or receives a sentence of court supervision on DUI will have the case permanently on their criminal and driving records. Under 20 ILCS 2630/5.2, DUI convictions are explicitly excluded from expungement and record sealing. There is no waiting period or automatic removal process that can relieve you of this consequence. Unlike regular misdemeanors or even some felonies that can be removed after a set number of years, a DUI conviction will tarnish your record forever.
If your DUI charge was completely dropped or dismissed, or you won a not guilty verdict at trial, this record can be expunged, and that’s precisely why it matters so much to choose a DUI defense attorney who is experienced and prepared to try your case to a judge or jury.
You can learn more in our Illinois DUI penalties: complete guide.
Supervision Helps, But Isn’t Erasure
When people ask, what is the difference between DUI and aggravated DUI, they often focus on the penalties. Another key difference is in the potential to receive court supervision, which will provide certain conditions you’ll need to follow. It is only available as a once-in-a-lifetime option when a DUI is still at the misdemeanor level, unlike aggravated DUI which upgrades charges to a felony. Successful completion of court supervision does avoid having a conviction on your record. However, it will still be on your driving abstract with the Secretary of State.
Who Actually Sees It?
Since a DUI conviction in Illinois will be a permanent part of your driving record and criminal history, it’s a fair question to ask who is able to see it. Here is who your record is visible to:
- Employers: Any job that requires driving such as delivery or transit will see your DUI when conducting a motor vehicle record (MVR) check. It will also be visible in a standard background check for anyone convicted of DUI.
- Insurance Carriers: Auto insurance companies check your driving record regularly. A DUI disposition causes you to be put into high-risk classifications, resulting in dramatic rate increases. Sometimes, the insurer may issue a policy cancellation.
- Professional Licensing Boards: Certain professional fields including healthcare, law, education, and finance review background checks. A DUI may trigger a review of your license or certification, which could result in revocation of your professional license.
- CDL and Commercial Drivers: Commercial Driver’s License (CDL) holders face strict rules imposed by the Federal Motor Carrier Safety Administration (FMCSA). A first DUI leads to a one-year CDL disqualification, or three years if hauling hazardous materials, and a second DUI results in a lifetime CDL revocation.
Attorney Insight
“Prosecutors offer better outcomes to attorneys they know will take a case to trial. My background trying both misdemeanor and felony DUIs on both the defense and the state’s side means I understand what it takes to present a compelling case for the state, and what it takes to take that case apart from the defense.” — Erin K. Conner, former Chief of the Criminal Bureau, St. Clair County State’s Attorney’s Office
Why the Disposition You Get Matters for Decades
A case that results in supervision or conviction on a DUI can impact your life for decades. Having an experienced and trial-ready attorney on your side is the best way to ensure you receive the best outcome possible in your case. Hiring The Conner Law Firm, a Belleville DUI defense lawyer who defends DUI charges in St. Clair, Madison, and Monroe Counties, and throughout southern Illinois, can make the difference you need to get a second chance. Call (618) 277-2421 or text (314) 944-5553 today for a consultation.
