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

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'

Comments

[sellmeyoursoul]

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

[evad the slayer]

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.

[Anon]

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...

[johnLA]

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

[erik self]

........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...

[David]

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

[Sabrina]

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.

[Tiffany]

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.

[wow]

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

[poop]

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.

[DUI Counselor]

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"!

[JSz]

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.

[ED]

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.

[kate]

Maybe Mel can have some pull and help Roman ..

[ronmbo]

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

[Duude]

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

[Michael]

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

[brian]

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.

[Phil M.]

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.

[thetruth]

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

[DAS]

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

[eileen]

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

[captainkona]

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.

[Shawn]

Oooh, it's Hollywood magic!

[RP]

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