Expungement is the ideal method as it removes the charge from your record as if the crime was never committed. If you have a criminal record that you would like to clear, a DuPage County expungement lawyer can help. Second, the DWI must be a misdemeanor charge rather than a more serious felony offense. . If youre like many people, youre concerned that an employer could find out about your criminal history and then fire you. Your lawyer can then help you file the correct petition and ensure that all the required documentation is included to get your DUI arrest expunged or your DUI conviction record sealed. Serving Lombard, Downers Grove, Hinsdale, Wheaton, Villa Park, Woodridge, Darien, and surrounding areas. Call Attorney Matt Fakhoury to determine your options. It is important to remain aware of both the criminal and administrative sides of your DUI. As of now, a DUI charge in Illinois cannot be expunged or sealed unless the driver was found not guilty or had their case dismissed. An arrest for driving under the influence is very serious matter. The Bureau of Identification is located in Joliet just to the southwest of Chicago. The only way to get DUI-related criminal offenses removed from your record is if: You were arrested but never charged with the DUI offense; You were found not guilty of driving under the influence of alcohol or drugs; Your DUI case was dismissed; and Expungement & Sealing Unit 400 W. Monroe, Suite 202 Springfield, IL 62704 Toll-Free: 866-787-1776 Email: Expungement@osad.state.il.us A cornerstone of our practice is the restoration of rights and the Sealing and Expungement of Criminal Records. expunge, To receive a copy of ones criminal records and submit an expungement package, a fee must be paid. PERIOD. Ann. If youre eligible for expungement or sealing and you werent convicted of DUI we may be able to help you get a fresh start. As such, one might wonder if they can seal or expunge their DUI charge. The official date your sentence was completed. You will need to contact the Clerk of Courts Office and request a form 300. You will need the copies of your charges, the police recording of your arrest, the proof that your case was in fact dismissed, as well as your court records and case numbers. Improve your chances of success by contacting a DUI expungement attorney. Under Illinois law, you can't expunge or seal a DUI from your public criminal record. If youre like many people with a past drunk driving conviction, you want to know if it stays on your criminal record forever and unfortunately, in the vast majority of cases, it does. The Supreme Court Commission on Access to Justice has approved the following forms. Records showing the case was dismissed, you were put under court supervision or were found not guilty. Our firm has successfully expunged or sealed felony convictions for hundreds of clients. Illinois allows the expungement of certain arrests, supervision, and probation. When a . To learn more about this process speak to a Chicago DUI lawyer at The Toney Law Firm, LLC. But the only negative effects this record will have is on your insurance premiums, and on your driver's license if you incur other infractions. Moving or nonmoving traffic violations under the Illinois Vehicle Code shall not be reported except for violations of Chapter 4, Section 11204.1, or Section 11501 of that Code. If you want to expunge or seal your criminal record, you need specific information from your criminal record. To qualify as a UDD, your blood alcohol . directions, You were arrested but never actually charged with a crime, You apply for and are granted a pardon from the governor of Illinois. Violation of a Stalking No-Contact Order. Such a record can interfere not only with getting a new job but also with establishing credit, getting a loan or renting an apartment. In Illinois, a traffic violation must . This is why it is critical to hire an attorney concentrates his law practice in defending DUI. People who arent eligible for criminal record expungement may still be eligible for sealing. Past failed legislative efforts have primarily sought to make DUIs expungeable, which would affect the Secretary of State's ability to track a driver's DUI history. Begin by calling 312-931-5411 or by filling out the online form below. As you can see, moving violations under the vehicle code are not reported except for 11-204.1 (aggravated fleeing and eluding) and 11-501 (DUI). Other factors that may influence eligibility include how much time has passed since the conviction, whether it is a first offense, and whether any additional . Alternatively, you can have your record sealed. Felony DUIs tend to take longer while a misdemeanor DUI can be processed in as little as two weeks. This registry of information is maintained by a department of the State Police. These will usually come to around $700, depending on your location. Deferral - Some states have deferral programs that you can opt into instead of being charged with a DUI There are also different levels of removing a DUI from your criminal history. The only way to get DUI-related incidents removed from your record is if: You were arrested but never actually charged with a crime You were found not guilty of DUI Your case was dismissed You apply for - and are granted - a pardon from the governor of Illinois To expunge or seal your criminal record, you need to get certain information, including your: 1136 S. Delano Ct. West Colorado's a tough jurisdiction to get a DUI or DWAI charge expunged if you're arrested as an adult - and it's impossible if you're actually convicted as an adult. But the State of Colorado is more forgiving if you're arrested and/or convicted of underage drinking and driving (UDD) as a minor. Expungements. The law in Illinois clear: YOU CANNOT EXPUNGE OR SEAL A DUI. If your DUI or reckless driving . Copyright 2021 XpungeChicago.com - All Rights Reserved. Your original charges and, if convicted, what the conviction was for and what the sentence included. Highlights from new Illinois expungement law Aggravated Reckless Driving These charges cannot be expunged or sealed anymore. This is called expungement. That is, you will face subsequent convictions, either 2nd or 3rd with the court imposing its respective sentences. This means all the case records are destroyed or returned to you and no longer appear on your criminal record. To receive a copy of one's criminal records and submit an expungement package, a fee must be paid. For instance, if you finish probation for a first-time DUI offense, you must wait five years from your last sentence before you file for an expungement. Menu Email Call Location Call Now For A FREE CONSULTATION Chicago (312) 626-2871 Rolling Meadows (847) 255-2100 Home THE FIRM Criminal Defense CASE RESULTS AREAS WE SERVE FAQ's Blog Contact This is not possible for those who were convicted of a misdemeanor or were found guilty of driving under the influence. Even if your charges are dismissed, there is still a record of the arrest. You cannot expunge a DUI from your criminal record in Arizona. Suite 210 The dismissal of criminal charges takes place by way of a motion from the prosecution called, "nolle prosequi." This is a Latin term that means, roughly, 'no more prosecution.' When the prosecution decides to drop charges, it will make a motion to nolle prosequi the case. Over $300 for jail costs. To prevent such from happening, it may be possible to get such records of a DUI arrest or conviction either sealed or expunged. fleeing or attempting to elude a peace officer, Expungement is the removal of part or all of a criminal record after an event occurs. While 2022 didn't bring any changes to Illinois DUI laws, this article provided an overview of Illinois DUI laws. Illinois law has prohibited the expungement and sealing of DUIs as part of a longstanding policy. If the charge was dismissed or you were found not guilty your entire DUI case can be expunged. But most importantly, if you are found guilty of DUI and you receive a sentence of supervision (which is not a conviction and results in the dismissal of the charge), you can never have the record of the DUI expunged. As we mentioned earlier, this will disappear from your MVD record after five years. Chicago, IL 60605, 10024 Skokie Blvd Rather, an arrest for DUI is recorded by the police department to the Illinois State Police. 1. Once a Judge has reviewed your request he or she will determine if your conviction may be set aside. Heres everything you need to know about expunging DUI charges in Illinois. What Happens When a Landlord Sees Your Criminal Record? After the court grants approval for a DUI to be expunged from your record, you will still have to wait for the expungement to take effect. expungement, We're here for you 24/7. See our locations nationwide Chicago Office 939 W. North Avenue Suite 750 Chicago IL 60642 (312) 281-1584 Serving All of Illinois We serve every county in Illinois, including Champaign, Cook, Dupage, Kane, Lake, Macon, Mclean, Peoria, Sangamon, Will and Winnebago. In order to help you, bring or have available information on all your arrests including the following: Contact The Toney Law Firm, LLC to learn how we can help to get a DUI arrest or conviction expunged or sealed. To request a copy, email your name, address and inquiries to expungement@osad.state.il.us or contact us at (866) 787-1776. However, sealed records are not obtainable without a court order and are removed from public view. The court then determines whether to grant or deny that motion . After filing the petition, the state police department, the state's attorney and all other notified law enforcement agencies have 60 days to . Alongside potential fees and a suspended license, DUIs can permanently stain ones personal record. Drive under the influence of any other illegal substance. A DUI charge is like a felony. 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