Last week a Los Angeles Superior Court judge agreed to Mel Gibson's request to have his 2006 DUI conviction expunged from his record. This event allows us to follow up on our September 25 post on the expungement process and drive home a couple key points.
First, Mr. Gibson - like all other applicants for expungement in California - had to meet these criteria to qualify: complete probation, pay all fines and restitution, not have spent time in state prison for the offense, and not currently have any criminal charges pending.
Second, the expungement does not remove any mention of the DUI from his criminal record. Instead, his record will now show a dismissal pursuant to California Penal Code Section 1203.4. This is done so that if Mr. Gibson receives another DUI in the future the courts will have a record of what he did before and be able to impose a stiffer penalty. In other words, it will still be considered a "prior" for the purposes of future DUI arrests.
So the process of expungement exists to allow people who have learned from their past mistakes and deserve the opportunity to move forward with their lives without the stigma of a conviction on their records. It also gives the courts a record of what occurred so that if any crimes are committed after the expungement, more severe penalties can be administered.
Contact the Law Office of Nancy King if you have questions about the expungement process.
