Mel Gibson Wants DUI Erased from His Record

09/29/2009 at 03:40 PM EDT

Mel Gibson Wants DUI Erased from His Record
Mel Gibson
Albert L. Ortega/WireImage
Mel Gibson is seeking to put his ugly 2006 DUI incident behind him – for good.

In a routine legal move, his lawyer, Blair Berk, has asked a court to dismiss his drunk driving conviction since Gibson, 53, has successfully met the terms of his three-year probation, which included alcohol education classes, AA meetings and paying fines.

Berk wasn't immediately available for comment.

"All this means is that Gibson's been staying out of trouble and it'll likely be approved by the court," says L.A. criminal defense attorney Anthony Salerno, who's not involved with the case.

"An arrest like this never fully disappears from one's record, but getting a dismissal helps in practical situations like crossing into Canada," Salerno added.

A hearing in the matter is set for Oct. 6.

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