Under California law, a person can request that their arrest record be cleared once they complete all conditions of sentencing. Gibson has been under probation for three years, and not had another alcohol related offense. He also joined an Alcohol Anonymous program and performed public service work.

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Gibson was arrested in Malibu California for driving under the influence on July 28, 2006. During the arrest, he went on an anti-Semitic rant. He entered a no contest plea to the CA DUI charges. He was sentenced to three years probation, fined $1,300, had his license suspended for 90 days, and was ordered to attend Alcoholic Anonymous meetings and enroll in an alcohol abuse program.

Gibson's criminal defense attorney is using a provision of the state penal code in filing the motion to dismiss. The code states that a defendant who has completed the terms of his/her probation to change the initial plea and ask a judge to "dismiss the accusations or information against the defendant." It is the discretion of the judge to accept the motion.

A hearing has been scheduled in the Malibu Courthouse for October 6.

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Gibson was charged with drunk driving in Los Angeles in 2006 during an infamous traffic incident where he made derogatory comments about Jews and sexist remarks to a female police officer. In a no-contest plea agreement reached between his Los Angeles DUI attorney and the prosecutor’s office, Gibson received three years probation, paid a fine and was required to attend Alcoholics Anonymous meetings. In addition he was required to attend a 90-day counseling program for California drunk driving offenders. He completed the mandatory counseling and attended five AA meeting a week for five months after his sentencing. He has continued to attend AA meetings three times per week for the past seven months.

Gibson quickly left the courtroom after the judge’s ruling. He has repeatedly apologized for his actions during his arrest.

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The 51-year old actor is required to regularly submit information to the court during his three-year probation period. The judge determined that Gibson may now be allowed to attend Alcoholics Anonymous meetings voluntarily.

“Sometimes you need a cold bucket of water in the face to sort of snap to, because you're dealing with a sort of malady of the soul, an obsession of the mind and a physical allergy.”

Now claiming over two months of sobriety, Gibson has admitted to a long battle with alcoholism and he said it is a continued struggle to stay sober. He also said that he had started drinking again about two months before his DUI arrest.

"Years go by, you’re fine," he says. "And then all of a sudden in a heartbeat, in an instant, on an impulse, somebody shoves a glass of Mescal in front of your nose and says, ‘It’s from Oaxaca.’ And it’s burning its way through your esophagus and you go, ‘Oh man, what did I do that for? I can’t put the toothpaste back in the tube.”

Gibson earned himself international headlines with the verbal tirade made during his DUI arrest on July 28. He said to a Los Angeles police officer that “Jews are responsible for all the wars in the world,” and then asked the officer if he was a Jew.

Gibson called his anti-Semitic diatribe “the stupid ramblings of a drunkard.” He said he has since apologized “more than anyone I know.”

Several groups however, including Jewish leaders and addiction experts, say Mel Gibson must do more if he wants to make amends, including being more accountable for his behavior.

Entertainment publicist Michael Levine said Gibson “did not reach out as he could have. Even in their most drunken moments, they don't utter something that has never crossed their minds.”

Others feel that the Gibson interview was a strategic public relations move rather than a rehabilitative or apologetic effort.

During the interview he admitted being very concerned about how he looked in his police mugshot. “The first thing that went through my mind was Nick Nolte's photograph. Vanity won out.”

In a plea bargain arranged by his California DUI defense attorney last August, Gibson pleaded no contest to drunk driving and agreed to serve three years of probation, pay a fine and seek alcohol rehabilitation.  He also must make public-service announcements about the dangers drinking and driving.

Gibson says he wants to continue making movies, though he accepts he has alienated influential people in the movie industry. His latest movie ‘Apocalypto’, which he co-wrote, directed and financed, will be released in December.