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Mel Gibson's 2006 drunk driving conviction expunged [Updated]

October 6, 2009 |  9:48 am

Gibson300 A judge today agreed to expunge Mel Gibson's conviction that followed an infamous Malibu drunk driving arrest in which the actor made anti-Semitic comments to a sheriff's deputy.

As part of his 2006 conviction, Gibson agreed to attend Alcoholics Anonymous meetings, perform in public service announcements and pay $1,300 in fines to resolve the drunk driving case.

[Updated at 10:35 a.m.: As a first-time drunk-driving offender, Gibson was eligible to have the conviction removed from his record after completing the terms of his probation. The expunging request and procedure is routine and took place before Judge Lawrence J. Mira during a 90-second hearing.]

A Los Angeles County sheriff’s deputy stopped Gibson in July 2006 on Pacific Coast Highway after he was spotted driving his Lexus sedan over 85 mph. A breathalyzer test showed Gibson's blood-alcohol level to be .12%; the legal limit is .08%.

Sheriff’s officials initially described the arrest as “without incident.”

But after the celebrity website TMZ.com obtained the arrest report detailing Gibson’s profane outbursts, attempt to escape custody and repeated threats to the arresting deputy, critics charged that the actor had received special treatment by authorities.

In his initial report, Sheriff’s Deputy James Mee described how Gibson “bolted” from custody and how he chased the actor back to Gibson’s car and handcuffed him.

In addition, the report detailed repeated threats against Mee made by Gibson, who said he “owned Malibu” and would “get even” with the deputy.

The report also detailed Gibson’s “barrage of anti-Semitic remarks,” in which he said, “The Jews are responsible for all the wars in the world,” before asking the deputy, who is Jewish: “Are you a Jew?”

Department officials decided to place that portion of the report under lock and key in an effort to prevent immediate public disclosure, while only a narrative of the basic facts was made available to station personnel.

-- Richard Winton

Photo: Mug shot taken after Gibson's 2006 arrest. Credit: Los Angeles County Sheriff's Department

Previously on latimes.com

Gibson uses plea deal to resolve case

Gibson arrested on suspicion of DUI

Critics find voice in Gibson drama

Opinion: Slurring more than his words

Column: The shame is that so few say `shame'


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So I assume I just have to do the same thing to get a DUI expunged? Oh, wait, nope. I call BS.

Cool. Too bad everyone isn't rich and famous. Maybe they could get all their convictions expunged as well. Gee, Justice isn't so blind afterall.

Ah, clearly the best justice money can buy.

If Gibson was a "mere mortal" he'd probably have had the full force of the law bear down on him for his lame, inexcusable antics. However...

Four legs good two legs bad....
The guy owns Malibu, why does he care if he has a record or not?

........why the heck is a fairly recent "CONVICTION" expunged?...I thought these kind of things wern't usually expunged??? go figure when your the king of Malibu guess you get special treatment....all hail the king for his powers of persausion or rather all hail the pursestrings of the king lol...

Don't forget the golden rule: He who has the gold makes the rules!

Mel Gibson is a drunken, philandering jerk! Why should his conviction be expunged? Do they do that for everyday people? Seems there's one set of rules for celebrities, and another more stringent set for everyone else. Pretty messed up.

Why did this jerk need this off his record? Employment offers withdrawn following background checks or maybe he is having trouble finding affordable auto insurance.

So it didn't happen? And it's not going on his permanent record?

Criminal expungements are not uncommon at all. I know many people, who are nowhere near rich, who expunge their records to get better jobs or for peace of mind.

I am not so sure that "expungement" (a physical ERASURE of this conviction off Gibson's DOJ record!) has actually taken place. Some attorney's will claim a "1203.4PC" dismissal action does this, when in fact it does NOT! IF the conviction has only been "dismissed", then it is in fact NOT EXPUNGED, and if he screws up again (highly likely-being the alcoholic he is!), then THIS "expungement" (if it was in fact NOT ERASED!) will come up again as a "dismissed conviction", and CAN be used against him in a subsequent criminal proceeding as a prior offense. However, if this item WAS ERASED, I want to talk to his attorney, as I have an item or two, I could use "expunged"!

LA Times / Richard Winton: Would you explain the legal basis of the judge's decision to expunge Gibson's conviction? Absent this information, your article doesn't mean very much. Please address, for example, whether such convictions are typically expunged after the convict satisfies the sentence, or whether this is anomalous. This little article tells us nothing.

Well,he received a standard sentence for a first-time DUI, nothing special there. Whether he should have been charged for any other crime is irrelevant at this point.

Assuming he completed all the terms of his probation, and his probation would have terminated by operation of law this August anyway, he certainly has the right to petition for expungement. And there was probably no good reason for the judge to deny that petition. BTW, expungement is not something exceptional that is available to celebrity defendants only..it's a fairly typical and inexpensive petition.

No need for the outrage. He did what he was supposed to.

Maybe Mel can have some pull and help Roman ..

I think we should let the Israeli Army figure out
a better punishment for him and his brilliant Father

C'mon, $1,300 fine? I guess he does own MAlibu. Also, he must have made a big contribution to the Police Xmas party.

Is the 90-second hearing a typo, or was the conviction really expunged within a minute and a half?

0.12% blood alcohol? Wow that's not even that drunk. Maybe Mel Gibson is just a psycho. His outbursts appear to have little to do with his blood alcohol levels.

Evad, Anon,

Per the article there was no special treatment in getting the conviction expunged. Any first time DUI offender who completes the requirements of probation qualify for it.

Please read the entire article when responding.

If he were Jewish, he'd get a movie deal.

Thats it CONDONE DRUNK DRIVING..Thats Good,Its a GOOD THING HE WASN't SMOKING Right ??????? YEP

Why bother having the conviction expunged? Everyone will always remember what happened.

evad and anon...

Gibson's expungement was a matter of routine, idiots.

It's good that a person, no matter how much of an ass, can pay their debt to society and have it recognized.
This needs to happen more often for many Americans who cannot vote or be gainfully employed due to convictions they have already paid the price for.
Good move by the judge, good precedent to set.

Oooh, it's Hollywood magic!

Another flaming example of Los Angeles County's corrupt, two=tiered legal system.

Now we all have to forget it and pretend it never happened or the judge will be upset at us.

They can "expunge" Mel Gibson's driving record, but CAN NOT AND WILL NOT expunge the memory of his hateful remarks. I have seen my last Mel Gibson film or any other work he does, period!

Expunging of first time drunking driving offenses is routine in California if you complete the terms of your probation without incident. It has nothing to do with his celebrity you morons. Do you just read the headlines and then come up with your own story (Evad, Anon)?

According to the article this is a standard practice as pasted below.
Try to read the article before commenting on it.


[Updated at 10:35 a.m.: As a first-time drunk-driving offender, Gibson was eligible to have the conviction removed from his record after completing the terms of his probation. The expunging request and procedure is routine and took place before Judge Lawrence J. Mira during a 90-second hearing.]

This is total BS. My friend got a DUI, had a similar blood alcohol level, same state, and didn't make any antisemitic remarks.
They will have it on their record for years and it cost them more than $1300

As if I needed another reason to despise this self righteous bible thumping d-bag.

Anybody can have the record requested to be expunged after they have met all of there obligations, finishing paroll was his last obligation, you do not have to be rich & famous

True.

True.

what a jerkoff..Lucky you made all that Money Mel

Don't expect the Hollywood libs to forgive him. But if he drugged, raped and sodomized a 13 year-old, then fled the country, it wouldn't be such a big deal!

It was a ROUTINE arrest. First time alcohol DUI offenders will usually receive probation, with expungement if the state you live in handles it that way. It doesn't have anything to do with being rich and famous. A big bag of coke on the seat and a powder face would be a different story.

Being Catholic and used to getting your sins wiped out this should be just the same for Mel. He is now free to drink and drive again..."Forgive me, for I have drank"

This is why I hate the California politicians. If there is money or fame involved everything is flexible. Who's pockets were lined with the drunk's money.
Justice for all ? yea sure

Having the DUI expunged is routine. What is not routine, and stinks, is that if a mere mortal were to run from an officer, verbally abuse an officer, and threaten an officer, there would have been more charges than simple DUI. He's a prejudiced dirt bag whose fame and money got him special treatment. What else is new?

Did he throw his hands up in the air and yell "FREEDOM!!" like he did in "Braveheart"?

Cool.

Is Mel Gibson Jewish?

Sadly, sterotypes exist for a reason. Comments like "I CANNOT AND WILL NOT expunge..." reinforce the negative collective sterotypes. Forgive and forget. No human is perfect. He's just an actor, director, producer. In the scheme of life, he's nothing. Wasting your time and energy on being negative about him only shows you're even smaller.

If this is the first time you have seen proof of our country's two tier justice system then i ask, what country have you been living in because it obviously has not been here in the US. This is a pebble compared to the light sentences celebreties receive by our legal system. I say congratulations Mel! Keep supporting the community with your public service.

I am again reminded of Susan Sarandon's statement about Mr. Gibson, "Mel Gibson is a beautiful man, but only on the outside."

Hey thetruth,

if he were Jewish this wouldn't be in the news.

This is a very common issue. And almost anyone that "keeps their nose clean" for three years can get a DUI expunged. A lot has to do with changing your behavior and taking responsibility for what you did.

It's not because he is rich and famous. Anyone would get the same consideration as long as they are not career criminals or general recalcitrants.

So how does a poor peasant get his record expunged ???

Erasing the conviction does nothing to eradicate the memory of what he said about Jews or the damage done because of it. That damage being to his career.

My sister is a lawyer! People get expungements every day! This has nothing to do with being rich or famous! Its a part of the law and if you have a crime that can be expunged you can get an expungement! Stop making a big deal out if everything Jesus!

I know a guy who got a DUI and an assautlt charge and had the DUI expunged so it's really no big deal. They do it for all first time offenders.

Huh?

Probation for a first offense DUI is 3 years. According to the CA Vehicle Code, 2 points stay on one's record for 10 years.

I don't have a problem with Gibbie doing what anyone else could do in that system. As has been noted several times, it's not uncommon to have a first time DWI expunged if probation is completed without incident.

My problem isn't with Gibbie. My problem is with the practice of expunging a DWI conviction. What is THAT all about. Petty theft? Maybe. Drunk/Disorderly, maybe. But DRIVING while under the influence? Not a chance. We should NEVER expunge DWI. I just don't get it. Have we learned NOTHING by all of the DWI deaths over the years?

does anyone think or read before commenting? at least in CA, first time convictions for ANYONE may be expunged. i am not a mel gibson by any stretch. he can go to hell. still i can't believe the # of comments about : he has money for this thing, oh, celebrities get anything, wah wah wah. try reading first.

Good for him. I hope he can go back to living his life without people lambasting him for exercising his 1st Amendment right.

This poster made an excellent point:

Having the DUI expunged is routine. What is not routine, and stinks, is that if a mere mortal were to run from an officer, verbally abuse an officer, and threaten an officer, there would have been more charges than simple DUI. He's a prejudiced dirt bag whose fame and money got him special treatment. What else is new?

Posted by: junglek | October 06, 2009 at 12:02 PM

This poster made an excellent point:

Having the DUI expunged is routine. What is not routine, and stinks, is that if a mere mortal were to run from an officer, verbally abuse an officer, and threaten an officer, there would have been more charges than simple DUI. He's a prejudiced dirt bag whose fame and money got him special treatment. What else is new?

Posted by: junglek | October 06, 2009 at 12:02 PM

Talk about reverse discrimination. Mr. Gibson complied with the conditions set forth by the judicial system. Case closed. It is not illegal to "not like" people of any race, religon, lifestyle choice or country of origin in the U.S.A. As much as some groups would like it to be.

Expunging for these things isn't that unusual. I know it is high profile and people want to think he got special treatment and I do not condone anything that he did, imagine if he had hurt someone!
Regardless he completed the terms of his conviction (and DUI's rarely see jail time even though they should), he requested it to be expunged like many normal people do every day and he was successful.

It is the way it should be. Let us wait pray and see if Mr. Gibson will respect the confidence he was given this time.After all he is the" Brave Heart".

Mr Gibson, I admire your artistic work very much !

However, I would not have wiped out your police records so fast.
Not so much because I look at drunk driving or speeding as forgettable offences, but because of your "confessions" during the arrest : " Fucking Jews... Jews are responsible for all the wars in the world ". I know you apologized, but, I wonder, do you still take "ad-literam" John 14:6 ("I am the way and the truth and the life. No one comes to the Father except through me") ? I doubt Maia Morgenstern (a Romanian Jew), who plaid Mary in your film admires you for this ...

to blogstein: sadly, we all have opinions. even yours is valid however shortsighted and narrow. gibson is a jerk. hmmm.... i don't feel i just wasted MY time.

to READER: re: morons. as i finished my comment hit POST and scrolled down, for a brief moment thought i was reading my own post. hooray for your comment.

DUI Counselor is right, when probation ends that department is supposed to make a recommendation that all conditions have been met and dismiss the case, but they are so overloaded they don't and most people don't know this and can't afford a lawyer to take care of it. And then even dismissed it hangs over you in the event of another crime. I have never heard of a DUI being expunged, that DUI is good as #1 for 10 yrs in CA so if you get another in 10 yrs it's #2 and heavier. Why not spend his money intelligently and hire a driver instead of handing it to the courts and lawyers.

Good for him. Maybe now the press and others can stop lambasting him for simply exercising his 1st Amendment rights.

So-called "Jews" kill Semites to take their land. Their religion is Zionism, a European religion, not a Semitic one. (Some do use Jewish ritual, but they do reject the covenant between the people of Moses and the god of the Jews.) Their racial origin is from central Europe, earlier from central Asia.

Gibson's remarks were an exaggeration of the truth, but more true than the standard myth propagated by the Zionists. They were intended to be anti-Zionist, but pro-Semitic.

These are people who come here from another contry, make a career here, tones of money ( I mean tones !!! ), live in the best part of town, enjoy life to its fullest, and yet they can't keep from making a moquery out of our system , they can't keep from being prejudice (racist), they can keep from humiliating you (I own Malibu!), in a few words... they can't keep from being themselves

He only did and said what many "non tribesmen" think. Chosen ones LET IT GO. YPU WILL ALWAYS BE HATED REGARDLESS.

Interesting concept, expunging a conviction, especially for an offense that could have resulted in the death of others. My daughter was forced to declare bankruptcy over seven years ago and still, despite having worked, paid taxes, and paid cash for everything since then, thanks to our system of justice for all, cannot get credit at a reasonable interest rate. I wonder if she could get her record expunged, too?

oh!! hey rockhead! i almost forgot to remind you that i think mel bigotson is a piece of rotting stinking puke. can't wait to lamblast him some more. the jerk is obviously a nazi sympathizer just like his old man. and by the way, this comment of mine is protected by the 1st amendment and as you so rightly have let us all know, nasty speech is legal.

Gibson is one disgusting individual who needs to deported. Why should he be given special treatment by Judge Lawrence J. Mira? It's basically crusaders looking out for one another and they're molesting the people of the state. they're dogs to the bone!

Gibson is one disgusting individual who needs to deported. Why should he be given special treatment by Judge Lawrence J. Mira? It's basically crusaders looking out for one another and they're molesting the people of the state. they're dogs to the bone!

to thetruth: since you are so concerned with the truth, if you don't already know, mel gibson has made many many many millions of dollars working for the jews that run movie companies. i don't know your personal feelings but, to all those who wish to pee and moan about jews owning so many movie companies, i am sure there are plenty of wealthy gentiles that can make movies without jews and i am pretty sure they already do. so what's the problem other than bigotry?

Mel is a good reason to start a Holocaust against Catholics and pay them back for all of the crusades. The reason they're living the pedophile lifestyle is because they're living their lives in JC image. His mother was god's concubine, thus the illegitimate child is made a god and non-believers were persecuted. When Mel goes to his bastard religions heaven, he'll need to get on his knees and service ole St. Pete's peter.

He should have raped a 13 year old then Hollywood have forgived him in 2007.

This is pretty standard. I know at least 2 common folk who have had their convictions expunged. It's the law, not Mel Gibson.

We should post Judge Mira's address on the internet and allow people to protest or better yet, throw their empty beer bottle into his yard. On another note, why not post his address and challenge gang members to conduct gang initiations on his family. Our safety isn't any better with a drunken arrogant catholic dog driving around LA County. Why should the judge be allowed to endanger county taxpayers?
It must be that he's a cross dressing Barred Shark!

Again we see how hollywoods finest get justice and the poor get the law. It makes me sick.

Congratualtions to Mel Gibson! He did the right thing, the Christian thing by admitting his crime and doing his time, whatever that was. He didn't skip out of the country and become a fguitive to evade the consequences of a much more heinous, insidious crime, like Polanski...


The "Update" at 10:35 a.m. was probably posted AFTER all of the comments questioning the fairness of this expungement. I myself suggested that the author explain whether this expungement procedure is routine or an anomalous, and shortly after I submitted my comment, the update went up answering this question (though my comment was never posted, understandably enough).

So no need to scold all the people who speculated on whether this is routine: they probably submitted comments before the Update was added. I contend it was terribly sloppy writing in to leave this question unanswered when the story was first posted.

Richard P, read some Jewish history before you open your mouth. The Jewish religion began in the Middle east; "Zionism" is not a religion, as much as you would like it to be one. It is a 'belief system', just as some people in the U.S. believe that we should send more troops to Afghanistan. Jews have lived ALL OVER the world, including countries that are nowhere near Europe, like the Arab countries. One main reason they've had to move is that they've been kicked out of so many places, by anti-Semites like you.And - I laughed out loud when reading "Gibson's remarks were intended to be anti-Zionist but pro-Semitic" Huh! You couldn't possibly have read his remarks; but, then again, maybe you were there with him - after all, the two of you do share the same 'belief system'.

I believe as a first offense DUI conviction the punishment fits the crime. As far as the anti-semitic comments. Let's face it Hollywood is run basically by Jews and Italians. The reason being; it was the first industry that these immigrants were accepted. I worked in the entertainment industry in the late 90's and worked with many celebrities and producers, directors etc. People are people black, white, red, Jewish, Moslem and Christian. There is a bad one in every race and creed. The Jews, Christians and Moslems all study from the basic "old book". Christians have a second book "The New Testament". Do the Jews start all the wars? Probably there has been incidents througout history where Popes and Sultans have started wars as well. I am pretty sure if you think back to early Western Civilization,one will find that war has always been about repression and profit. With that said, I am sorry that in this day and age we as civilized human beings can not accept one another for who we are HUMANS flesh and blood.

to richard p: as an ashkenazi jew i would appreciate your not deciding for me what i have or have not rejected. also, i see you must be a mind reader noting what good old mel was intending to convey. uhpyerz.

use whatever EXCUSE you want its all bull!!

go to any courtroom..go to a TRAFFIC court room the most minor of them all and listen to how cold and thoughtless the judges are..as they talk to people who didnt stop fully at a stop sign as if they are the dirt of the city. they are the most harden criminals bringing down our society

then lets do a little thinking here.

when black men young or old run from custody in just about every metro in the US they are shot or beat..we know this because the first reason ALWAYS given by police is " he was resisting arrest"...

Gibson didnt just drive drunk..he then created a public scene aka PUBLIC INTOXICATION..he then ran from the cops..RESISTING ARREST..make threats to the cops while yelling racist slurs..this is called making a TERRORIST THREAT..go read your patriot act. it also then made everything he did after a HATE CRIME

see if this would have been a minority rich or poor.. he would have got slapped with ALL CHARGES and made a spectacle of..

Plaxico Buress..iin jail..Mike Vick ..went to jail..how many people die each year in dog fighting rings?..how many people die from self inflicted NON SUICIDAL gun shots?..how many people die each year being killed by drunk drivers??

lets just admit most people and the society as a whole we live in are FULL OF CRAP..no one has any integrity and we live in the most corrupt legal system in worlds history where any vote verdict or motion can be brought with the right level of money or fame..

He got no "special treatment". If you read the ENTIRE article, he did what everybody is entitled to: expungement of the offense.
Hate to tell people this, but he did what was required.
You can hate what he said, but so what? Like most people, he was feeling a good buzz, and got carried away. You don't have to like him, but to hold him to a different standard because he's famous?
Hypocritical. This law and order mentality is ridiculous, and overbearing.
So let me get this right-if you're famous, you're supposed to do double the penance. Even though the law is supposed to be applied equally.

SO WHAT IF HE MADE ANTI-SEMITIC COMMENTS. WHO CARES... EVERYONE KNOWS JEWS ARE OBNOXIOUS. BIG DEAL!!! YOU CAN ONLY MILK YOUR HOLOHOAX A LITTLE LONGER. PEOPLE ARE WAKING UP. IN TRUTH I AM SURPRISED THEY LET HIM OFF. I WAS SURE THE JEWISH COMMUNITY WOULD HAVE PREVENTED THAT.

To Hendl (posting at 2.41);

You raise an interesting question which is often asked but never answered, (or answered glibly like you said "because of anti-semitism" which prevents any further discussion) why have the chosen tribesemen been kicked out of so many countries...hmmmm...Bernie Maddof, Roman Polanski, Harvey Weinstein, Goldamn Sachs, Lehman Bros., the Columbine killers, the USS Liberty, Rachel Corrie, Brain Avery...the list goes on and on...

Can we just be done with this? Sure, Mel had his clown costume on that night.

Who hasn't done something so embarrassing that they cringe when they recall it - sometimes years later?

We can all stipulate that Mel was a fool. Now, is there a good baseball game on?

Now that Mel Gibson's conviction for drunk driving has been expunged, perhaps the authorities in Malibu can resume their search for the still-missing Mitrice Richardson, who was arrested under similar circumstances as the famous Mel Gibson. Instead of getting a personal ride home from a deputy (as Mel did), she was released in the middle of the night without her car, which had been impounded. Nobody's seen her since.

Gibson showed what's in his heart in that rambling, not so drunk outburst. To all Gibson defenders, he indeed followed his probation, but he showed us all what he really thinks.

He's a Jew hating jerk.

Surprise surprise. Hollywood numbskulls get preferential treatment again. Why is Polanski bothering to fight extradition. The authorities will bring him back here and pat him on the head.

Surprise surprise. Hollywood numbskulls get preferential treatment again. Why is Polanski bothering to fight extradition. The authorities will bring him back here and pat him on the head.

Well, it is a standard procedure in California when the person complies with ALL the requirements. I don't agree, but I think allowing moving violations to be reduced to parking tickets for an extra fee is as corrupt as it gets. And that's the way they do it here. Go figure ?

Four comments .... Expungement, which does not erase the conviction, is routine; Judge Mira, a total a-hole by all accounts, had his own drunk driving conviction expunged at one point; the recorded interaction with Gibson SHOULD HAVE BEEN MADE public as would any such interaction with police in a public place; Mel was right about one thing... the arresting officer was Jewish.

Read whatever you wish into my comments, but these are facts.

WAY TO SAY IT R P !!!!!!!!

This man is a creap. We know his true feeling about people of Jewish faith. Hope he gets his payback someday for his mean views and comments. I will never watch any of his movies again and I hope he just goes away. Hey Mel please move out of this country.

How can one get record exsponged like Mel. All my responsility executed immediatley. Young (7-8 yr olds have no business throwing firecrackers at cars at midnight,no parental responsibity. UM! now probably in gangs.Many yrs ago. How much $$$$ to get exsponged?

it's typical anyone who has power,wealth or fame,and gets into trouble they always find a way to 'minimize it' no matter if its a minor violation or murder or anything in between.if the rich do something its 'an accident or tragic mistake' if you or i do it? its a major crime and that shoe is going to be sticking out our rear! but if they do it..lets just have a pillow fight and forget it girls!.you or me they are going to 'MAXIMIZE IT'all of us have been watching this go on for a very long time in politic's,sports,hollywood,and simply those whose who wallets and purses are bursting with greenbacks.

Mel Gibson is a flawed person. He went through a completely uncalled for bashing over his film "The Passion Of The Christ" before it was even released by B'nai Brith and the Jewish Anti Defamation League all of whom were screaming that the film was anti-semitic. B.S.

It was as good a film that Hollywood has produced in years and it brought nothing but heartbreak to Gibson from the previously mentioned groups and Jewish individuals without them ever seen the film. So if he went nuts, it is understandable. Add to that his alcoholism and raging temper and he lit up like a pinball machine during his arrest. (Pretty psychotic Mel...but you had been beat up enough already).

I would have gone to jail. This is ridiculous.

He did go to jail, it's the conviction that's overturned bonehead

 



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