Mistakes and New Facts: Revisiting SOS License Decisions

 Posted on October 22, 2025 in License Reinstatement

If you had a Secretary of State hearing regarding regaining your driving privileges after a DUI, you may assume the decision is final. And, in most cases, it is final. But what if new evidence comes to light, a treatment evaluation changes, a clerical mistake is discovered, or your circumstances shift dramatically from the time of the hearing?

Is it possible to reopen the decision of the Secretary of State? While it is rare, exceptions do exist when fairness and due process outweigh the administrative preference for finality. Keep in mind that true reopening is unusual and generally requires proof of a clerical error or a procedural defect.

You can, however, base a new petition on a changed condition, such as new medical clearance or treatment, and this may be the most practical way to achieve reinstatement. If you are trying to determine whether you should reopen a SOS decision or start an entirely new petition, the best step you can take is to speak to an experienced Aurora, IL Secretary of State hearing lawyer.

Why Finality is the Norm in Illinois SOS Hearings

A "final decision" is explained under 92 Ill. Administrative Code Sections 1001.10 and 1001.440. First, you must distinguish between a formal and an informal hearing and decision. An informal SOS decision is not appealable because it is not a final order. A formal decision, however, is appealable through a formal administrative hearing.

An informal hearing is a first step, and a formal hearing is requested to contest the decision. A formal hearing is recorded, is for more serious offenses, has a more formal process, and can be part of the formal appeals process.  The SOS’s authority generally ends once a final order is issued, unless it can be reopened under the narrow set of rules.

SOS rules do not explicitly provide for "motions to reopen," but the agency has discretion to reopen with a goal of correcting a clerical error or for good cause in the interest of justice. Under Section 1001.45, reconsideration is usually allowed when the record is incomplete or incorrect due to a mistake, a data entry error, an improper abstract, or a demonstrable oversight by a hearing officer. An individual might also ask for a case to be reopened for the following reasons:

• Discovery of new or previously unavailable evidence, such as a cleared criminal conviction, updated treatment records, or a corrected driving abstract.
• A factual mistake in the written order involving a wrong date, a wrong name, or an error with the license number.
• Changed personal or medical conditions that could affect the risk assessment, such as completion of rehab, improved sobriety documentation, or a new medical diagnosis.

What Are the Pathways for Reconsideration?

The SOS has discretion to reopen a case if one of the above issues was present. An individual can also file in circuit court within 35 days under 735 ILCS 5/3-103 for judicial review under the Administrative Review Law. If the SOS denies reopening a case, an individual can file a new reinstatement petition after the minimum statutory period, which is usually six to 12 months. A new petition must show material changes in circumstances, rather than dissatisfaction with the prior outcome.

What the Secretary of State Will Not or Cannot Do

The SOS will not reopen a case based solely on disagreement with the decision, and it has no authority to consider entirely new arguments that were not raised before. Repeated filings without genuine change are likely to be barred as duplicates. It is essential that full documentation be maintained and that legal counsel be retained at the initial hearing to preserve all appeal options.

Contact a Will County, IL Secretary of State Hearing Lawyer

Reopening a final SOS hearing decision is not easy, but it is not impossible either. A skilled Aurora, IL license reinstatement lawyer from the Law Office of Patricia Magaña, LLC can help you determine whether a judicial review petition, a motion for reconsideration, or a new hearing request is your best option. Attorney Magana was selected as a member of the National Trial Lawyers Top 100 and speaks both English and Spanish. Call 630-448-2001 to schedule your free consultation.