Arpaio hits snag in bid to remove conviction from record
7 years, 4 months ago

Arpaio hits snag in bid to remove conviction from record

Associated Press  

PHOENIX — Former Sheriff Joe Arpaio has hit a snag in his bid to get the courts to erase his criminal record now that President Donald Trump has pardoned his conviction for intentionally disobeying a judge’s order. An appeals court on Monday issued an order questioning whether it has jurisdiction over Arpaio’s appeal of an Oct. 19 ruling in which a judge refused to throw out a decision that explains why the retired sheriff was found guilty of contempt of court. The order issued by the clerk of the 9th Circuit Court of Appeals explained the pardon was issued before Arpaio’s case came to an official conclusion at the lower-court level and cited a case that concluded appeals courts are generally barred from reviewing cases until after a person is convicted and sentenced. Daniel Kobil, a pardon expert who is a professor at Capital University Law School in Columbus, Ohio, said Arpaio’s lawyers could argue that the case fits into a narrow exception to the rule that cases aren’t appealable until they are final. Arpaio’s lawyers want Bolton’s blistering 14-page decision that explains the reasons behind the verdict thrown out in a bid to clear his name and prevent attorneys from using it in future court cases as an example of a prior bad act.

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