Chicago Criminal Lawyer Blog
Understanding How DUI Arrest Records Are Viewed in Chicago
Chicago is a city known for its vibrant energy, diverse neighborhoods, and busy roads. Unfortunately, it also sees its share of DUI arrests. Whether someone is pulled over near Lake Shore Drive or on the Kennedy Expressway, a DUI arrest in Chicago often leaves more than legal consequences. One of the most lasting impacts is the creation of a criminal record. Many people are surprised to learn that an arrest alone, even without a conviction, can become part of the public record in Illinois.
In Illinois, a DUI arrest is recorded even if you were never convicted. Under the law, arrests, court appearances, and final outcomes are documented and stored in statewide databases. These records are often available to the public unless steps are taken to seal or expunge them. That means an employer, landlord, or licensing agency can access your arrest history unless it has been legally hidden from view.
DUI charges in Illinois can be classified as misdemeanors or felonies, depending on the circumstances. A first-time DUI is generally a Class A misdemeanor under 625 ILCS 5/11-501. However, aggravating factors like prior convictions, accidents causing serious injury, or having a child passenger can elevate the charge to a felony. Class A misdemeanors are punishable by up to 364 days in jail and fines of up to $2,500. Felony DUI charges may lead to years in prison, thousands in fines, and long-term consequences.
Even if the charge is eventually dismissed or reduced, the arrest record itself remains unless it is actively expunged or sealed. This leaves many people dealing with the stigma of a criminal record long after the case has ended. In Chicago, where competition for jobs and housing is high, a public arrest record can become a major barrier.
How Illinois Criminal Law Categorizes and Stores DUI Arrest Records
Under Illinois law, all criminal cases generate a record — this includes DUIs, theft, assault, and drug offenses. The Illinois State Police maintain the central repository of criminal records through the Criminal History Record Information (CHRI) system. Once an arrest is made, local law enforcement submits this data to the state system.
For DUI charges, the controlling statute is 625 ILCS 5/11-501, which outlines the legal definition of driving under the influence. The classification of the charge depends on the nature of the offense. A standard DUI involving a BAC over 0.08 percent, without aggravating factors, is typically a misdemeanor. However, if someone has multiple prior DUI convictions or causes serious bodily harm, the charge may be upgraded to a felony under 625 ILCS 5/11-501(d).
These records are considered public under the Illinois Freedom of Information Act (FOIA) unless specifically sealed or expunged by court order. Employers, licensing agencies, and the general public may obtain arrest and court information by performing background checks, using court databases, or hiring third-party screening companies.
The visibility of your DUI record can affect your employment opportunities, rental applications, immigration status, and reputation in your community. Even if the case was resolved in your favor, the record can remain unless a court seals or expunges it.
How Criminal Cases Begin and the Role of Arrest Records
In Illinois, criminal cases begin with an arrest, a formal charge, or both. When law enforcement suspects someone of DUI, the process typically starts with a traffic stop. If the officer observes signs of impairment and conducts field sobriety tests or a breathalyzer, the suspect may be arrested and transported to the local police department.
Following arrest, the individual is processed, and a record is created. This includes fingerprints, mugshots, and a booking report. If charges are filed by the State’s Attorney, a formal criminal complaint is initiated in court. These records are stored electronically and become accessible to other law enforcement agencies, prosecutors, and, unless sealed, the general public.
Even if no charges are filed or the case is later dismissed, the arrest record remains unless steps are taken to remove it. This is why many people who were never convicted still find themselves dealing with the aftermath of an arrest.
The Criminal Trial and Investigation Process in DUI Cases
Once charges are filed, the case proceeds through the pre-trial and trial phases of the Illinois criminal court system. Discovery begins, where the prosecution provides all evidence collected during the investigation. This may include police reports, body cam footage, results from chemical testing, and witness statements.
Field sobriety tests, breathalyzer results, officer observations, and traffic camera footage are all types of evidence used in DUI cases. Prosecutors may also rely on medical records, statements made by the accused, or crash reports if the DUI involved a vehicle accident.
The case may resolve through plea negotiations, a motion to suppress evidence, or a bench or jury trial. If convicted, the judge imposes sentencing, which may include jail, probation, community service, license suspension, fines, alcohol education classes, or mandatory treatment.
However, whether the case ends in a conviction or dismissal, the record of the arrest and court proceedings typically remains unless you pursue sealing or expungement through the court system.
Why Hiring a Criminal Defense Attorney Is Crucial
Every step of a DUI case — from arrest to trial to record clearance — involves legal complexities that can be overwhelming. A defense attorney helps protect your rights at each phase. If your case is still pending, your attorney may challenge the legality of the stop, the accuracy of test results, or the admissibility of statements.
If you’ve already resolved the case but are now dealing with a visible arrest record, your lawyer can determine whether you’re eligible to seal or expunge your record. Not all DUI records are eligible for sealing, and DUI convictions generally cannot be expunged in Illinois. However, if your case was dismissed, you were acquitted, or you completed court supervision successfully, you may have options.
Your lawyer will help you understand the record clearance process, file the necessary petitions, represent you in court, and increase your chances of removing your DUI record from public access.
Understanding Legal Defenses and the Sealing Process
Legal defenses in DUI cases often involve challenging the evidence. This can include questioning the traffic stop, the accuracy of the breathalyzer, or the validity of the field sobriety tests. Procedural errors, lack of probable cause, and improper handling of evidence can all play a role in avoiding a conviction.
When it comes to sealing a DUI arrest record, the defense strategy shifts toward clearing your name from public records. In Illinois, you may be eligible to seal your DUI record if:
You were arrested but never charged, the case was dismissed, you were found not guilty, or you completed court supervision and it was not a disqualifying offense. If the court grants your petition, your arrest and court record will no longer be accessible to the public.
Your attorney can review your case and advise whether you meet the eligibility requirements outlined in 20 ILCS 2630/5.2.
What to Look for in a Chicago Criminal Defense Attorney
When hiring a criminal defense attorney in Chicago, you need someone who is deeply familiar with Illinois criminal statutes and Cook County court procedures. Look for someone with years of courtroom experience, a strong knowledge of DUI laws, and a clear record of defending clients against criminal charges.
You want a lawyer who listens, communicates clearly, prepares thoroughly, and fights aggressively. They should be familiar with local prosecutors, judges, and court staff and understand how the system operates across Cook, DuPage, Will, and Lake counties.
During your free consultation, ask about their track record with DUI cases, whether they’ve handled expungement or sealing petitions, and how they would approach your specific situation.
Frequently Asked Questions – DUI Arrest Records in Chicago
Can an employer see my DUI arrest in Illinois if the case was dismissed? Yes, unless the record has been sealed or expunged. Employers who conduct background checks may see the arrest unless you’ve filed for and been granted relief through the courts.
Can I seal a DUI conviction in Illinois? No, DUI convictions are currently not eligible for sealing or expungement under Illinois law. Only non-conviction records or supervision outcomes (under limited conditions) may qualify.
How do I know if I’m eligible to expunge my record? You must review the outcome of your case. Arrests without charges, dismissals, not guilty verdicts, or successful supervision completion (where allowed) may qualify for expungement or sealing.
How long does it take to seal a DUI arrest record in Illinois? The process can take several months. Once a petition is filed, the court may schedule a hearing. If approved, state and local agencies are ordered to restrict access to your record.
Do I need a lawyer to seal my record? It’s not legally required, but strongly recommended. The process is technical and a mistake could delay or jeopardize your petition. A lawyer ensures you meet the requirements and files everything correctly.
Is the DUI arrest removed from private background check companies after sealing? In many cases, yes. Sealing orders are distributed to major record-keeping agencies, but it may take time for private databases to update. Your attorney can help follow up if needed.
Does sealing a record mean it’s gone forever? No, the record still exists but is no longer visible to the public. Law enforcement and some licensing agencies may still access sealed records.
Can a DUI arrest affect my driver’s license even if I wasn’t convicted? Yes. A statutory summary suspension may apply following arrest, even without a conviction. This is a separate administrative action by the Secretary of State.
Why You Need Legal Guidance for Your DUI Arrest Record
If your DUI arrest is still publicly accessible, you may face lasting harm to your reputation, job prospects, and personal life. Even if the case never resulted in a conviction, the arrest itself can follow you for years. Having an attorney evaluate your record and take legal steps to seal or expunge it may help you move forward without a criminal shadow.
The Law Offices of David L. Freidberg has helped thousands of clients in Chicago and throughout Cook County and nearby jurisdictions. Whether you were arrested, charged, or already served your sentence, we can assess your eligibility and protect your future.
Call The Law Offices of David L. Freidberg for DUI Defense in Illinois
If you’re dealing with the consequences of a DUI arrest in Illinois, don’t wait. The Law Offices of David L. Freidberg offers experienced defense representation and record relief strategies for individuals in Chicago and throughout Cook County, DuPage County, Will County, and Lake County.
The Law Offices of David L. Freidberg has decades of experience handling DUI charges throughout Illinois, including Lake County, Cook County, DuPage County, and Will County. We provide legal defense backed by courtroom skill and attention to detail. Our goal is to protect your rights, challenge the evidence, and pursue the best possible outcome.
If you’re facing a DUI charge in Waukegan, contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to defend your rights and help you fight back against DUI allegations.. We offer free consultations 24/7 and represent clients across Chicago and the surrounding counties. Don’t face this charge alone. Let us fight to protect your future.
