PHOENIX (AP) — A court has scheduled arguments on Oct. 23 in former Sheriff Joe Arpaio’s appeal of a ruling that refused to erase his criminal record after he was pardoned by President Donald Trump.
Arpaio was convicted of misdemeanor contempt of court for disobeying a court order to stop his immigration patrols.
A judge who had refused to expunge the conviction explained pardons don’t erase convictions or the facts of cases and that Arpaio’s clemency only mooted his possible punishments.
Arpaio’s lawyers argued their client was deprived of his opportunity to appeal his conviction because the pardon came before he was sentenced and final judgment was entered, so the conviction must be erased.
A special prosecutor says Arpaio relinquished his right to appeal his conviction when he accepted the pardon.