Out of State License Reinstatement Hearings FAQ

Usually not. Unless you have a lifetime revocation, you can submit an out-of-state application by email instead of attending a hearing, and there is no application fee. If you have a lifetime revocation, you must attend a hearing, which can be held in person or by remote video.

A non-resident/out-of-state packet (also known as an Out-of-State Resident Reinstatement Application) includes all of the documents that must be submitted to the Illinois Secretary of State by an individual residing outside of Illinois and seeking the reinstatement of driving privileges. This application serves the same purpose as an in-person hearing.

It is important to remember that the standards imposed by the Secretary of State in determining whether or not relief should be granted are the same as those required of persons appearing before a hearing officer in-person. As a result, anyone choosing to submit an out-of-state packet instead of personally appearing before a hearing officer is strongly encouraged to obtain the representation of a qualified and experienced license reinstatement attorney.

If you are not sure what is on your Illinois record, our Driving Record Review is a good first step.

If your license or driving privileges are revoked in Illinois and you live out-of-state, you will generally still need to apply for reinstatement through the Illinois Secretary of State even if you have no plans to drive in Illinois in the future.

Typically, when you apply for a driver's license in the state where you currently reside, the Illinois revocation will be displayed in that state’s electronic system. In most cases, the Illinois license revocation will prevent the state where you currently reside from issuing you a license until you clear your revocation in Illinois. This procedure prevents you from circumventing the revocation by simply moving to another state in order to obtain a driver’s license in that new state.

Even for an old DUI, Illinois requires that an in-person hearing or an out-of-state application be completed in order to regain driving privileges. Many old out-of-state DUIs that were never reported to Illinois are now showing up years later because of the Problem Driver Pointer System (PDPS). This relatively new system is a national database that relays information between states on problem drivers.

If you have a license in the state where you currently reside, the database may reveal the revocation in Illinois and subject you to cancellation in your home state. This issue can arise during a simple license renewal even if you had been successfully issued a license by that state in the past. The “hold” from the Illinois Secretary of State must be cleared for you to renew your current driver’s license or obtain a new license in the state where you now reside. We will obtain the PDPS records in preparation for your Secretary of State hearing.

While you are not required to have a lawyer represent you in the out-of-state hearing process, it is highly recommended. Specifically, it is advisable to have legal counsel who is experienced and concentrates in this complex area of the law.

Our office will guide you through the entire process from start to finish. We will obtain and review your driving record and arrest history, complete alcohol/drug use history, and, if applicable, obtain and review all of your prior hearing records or denial orders. Our office will only agree to represent you if, in our professional opinion, we believe that we can obtain a successful result in your case. If we agree to proceed, we will provide you with detailed instructions as to the specific steps to follow. We will address any issues with your evaluator and verify they are resolved prior to submission. We will review all of your documentation prior to submission and make certain that they meet all Illinois Secretary of State requirements. All questions you have will be answered promptly and accurately.

If you move back to Illinois after being reinstated as an out-of-state resident, what you will need depends on your history:

• If you never lived in Illinois and never had an Illinois driver's license, and you move here within 3 years of your reinstatement date, you will need an in-person hearing to obtain driving privileges.
• If you have one DUI conviction and previously lived in Illinois or had an Illinois driver's license, you can apply for an Illinois driver's license with no minimum wait time.
• If you have two or three DUI convictions and were reinstated as an out-of-state resident, you must wait 5 years from your reinstatement date to apply for an Illinois license. If you apply sooner, you will need an in-person hearing, and if driving privileges are granted, you will be placed on a Restricted Driving Permit (RDP) with a Breath Alcohol Ignition Interlock Device (BAIID).
• If you have four or more DUI convictions and move back to Illinois, you will need an in-person hearing, and you will only be eligible for a Restricted Driving Permit with a BAIID for the rest of your life.