Judge Turns Down Request To Erase Sheriff Joe Arpaio Conviction Record

Federal Judge Susan Bolton on Thursday rebuffed request by former Maricopa Sheriff, Joe Arpaio to have his criminal conviction records completely erased.


Joe Arpaio with a sentence of criminal contempt of court hanging over his head was pardoned by President Trump August 25.


Bolton confirmed she discontinued Arpaio’s sentencing on the decision of the President to pardon him. The Sheriff could have bagged up to six months in jail on been found guilty of criminal contempt of court.
Citing judicial precedents, Susan Bolton wrote "The pardon undoubtedly spared defendant from any punishment that might otherwise have been imposed”


“It did not, however, revise the historical facts of this case."
Bolton bolstered her stance by quoting the definition of pardon from Black’s Law Dictionary. She read, "releases the wrongdoer from punishment and restores the offender's civil rights without qualification."


Arpaio’s conviction stems from a ruling against his insistence and using his department to intercept illegal immigrants and hand them over to US Immigration and Customs Enforcement or to Border Patrol. Joe’s methods were termed racial profiling. His method includes singling out people in vehicles who he and his deputies thought fits profile of people who entered the country illegally.


US district Judge Murray Snow in Melendres v. Arpaio, found faults with Arpaio’s methods in a class action lawsuit backed by ACLU. He ordered the Sheriff and his department to cease detaining persons for further investigation without reasonable suspicion of a crime been committed or has been committed.

Arpaio, Brewer, DeWit At Trump Campaign,
Fountain Hills, Arizona

Judge Murray was soon to conclude that Joe and his men were adamant and disobeyed his order for at least 17 months. The court established that 171 individuals were illegally arrested and turned over to be detained for entering the country. Promptly he slammed Arpaio, his two deputies and attorney with criminal contempt finding.

SEE RELATED: A COPY OF BOLTON ARPAIO OBTAINED BY NPR

Federal Court Judge Bolton in a five day trial found found Arpaio guilty on July 31 and fixed his sentencing Oct. 5


However, the Sheriff is bent on wiping his records clean. "It's not going to be dropped," he told Capitol Media Services.


With the pardon it seems Arpaio has lost his right to appeal the his criminal conviction. He may have to face a future with his records tinted by the criminal contempt which he alone was arraigned by Obama administration.


Dennis Wilenchik, Arpaio’s attorney states why it is very important for his client’s request to be granted.


"We're not asking to undo facts," he said.

"We're not asking for expungement," Wilenchik said. "There's no such thing in federal law." He continued.

He likens the present situation to being no different than if someone dies before sentencing or having a chance to appeal.


"The whole case gets undone," he said, with the conviction nullified.
Wilenchik stated that the judge’s refusal to vacate her own order was not altogether a surprise to him. He confirmed that has appealed the ruling at 9th Circuit Court of Appeals.