"How long will this stay on my record?" It's one of the first questions people ask after a DUI. The answer depends on which record you mean — because there are actually two different records, and the rules are different for each.
When people ask about "their record," they're usually thinking about one of two things:
A DUI can appear on both, and the implications are different.
If you were convicted of DUI in Illinois, that conviction stays on your criminal record permanently. Illinois law does not allow DUI convictions to be expunged or sealed. This is true whether it was your first offense or your fifth — a DUI conviction cannot be removed from your criminal record.
This is one of the reasons why court supervision for a first DUI is so important. Court supervision is not a conviction, which means it has different implications for your record.
If you received court supervision for your DUI (which is available for first-time offenders), the situation is more favorable. Court supervision means you were not convicted — the judge gave you conditions to meet, and if you completed them, the case was closed without a conviction.
DUI court supervision records can potentially be expunged from your criminal record after a waiting period, though the rules have specific requirements. This is a significant advantage of receiving supervision versus a conviction.
However, even if the criminal record is expunged, the DUI may still appear on your driving record (more on that below).
If you were arrested for DUI but the charges were dropped or you were found not guilty, you may be eligible to have the arrest record expunged. Consult with an attorney about the specific process and timeline.
Your Illinois driving record — maintained by the Secretary of State — is a separate system from your criminal record. And when it comes to DUI, the news here is straightforward: a DUI stays on your Illinois driving record permanently.
This applies whether you received a conviction or court supervision. The Secretary of State's office maintains a record of all DUI-related actions, including:
This permanent driving record is what the Secretary of State references when determining your eligibility for driving privileges, and it's what's checked if you ever have another DUI-related incident.
Because DUIs stay on your driving record permanently, any future DUI offense will be treated as a subsequent offense. Illinois counts all prior DUI incidents — including those that resulted in court supervision — when determining penalties for a new DUI. A second DUI carries significantly harsher penalties than a first, and a third or subsequent offense can be charged as a felony.
A DUI conviction on your criminal record can show up on background checks conducted by employers, landlords, and others. This can affect job opportunities, professional licensing, housing applications, and more.
If you received court supervision and successfully had the record expunged, it generally should not appear on standard background checks — though some government and professional licensing background checks may still access this information.
A DUI typically affects your car insurance rates for several years. Insurance companies check your driving record, and a DUI will usually result in significantly higher premiums. The exact duration varies by insurer, but many look back 3-5 years, and some look back further.
You may also be required to file an SR-22 (proof of financial responsibility) with the Secretary of State after a DUI. This requirement typically lasts for a set period after your driving privileges are reinstated.
Certain professions — healthcare, education, law, commercial driving, and others — require disclosure of criminal convictions and may be affected by a DUI on your record. If you hold a professional license, consult with an attorney about how a DUI may impact it.
While you can't erase a DUI conviction from your record in Illinois, there are steps you can take to minimize the long-term impact:
Because DUI records in Illinois are largely permanent, getting the best possible outcome the first time around is critical. That means:
At DUI Evaluation & Treatment Services, we provide court-approved evaluations using the ASAM Criteria, 4th Edition, along with treatment programs and SOS hearing documentation. We've been helping people through this process for over 15 years.
Call us at (217) 891-6063 to schedule your evaluation and get started on the right foot, or contact us online.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws regarding criminal records, expungement, and DUI penalties can change. For advice about your specific situation, consult with a qualified attorney.