Trump pardoned Sheriff Arpaio, but the court just refused to erase his crimes from the record
Source: Daily KOS
Only days after Gold Star family attacker Donald Trump pardoned former Maricopa County Sheriff Joe Arpaio on August 25, the sheriffs attorneys filed a motion to erase Arpaios criminal conviction from the history books:
"The Presidents pardon moots the case, and it warrants an automatic vacatur of all opinions, judgments, and verdicts related to the criminal charge," Arpaio's attorneys said in their Aug. 28 motion.
<snip>
...which led to this summers criminal conviction for ignoring the court, a verdict that could have led to jail time. Enter Trump, the sheriff's birther brother, with his ludicrous pardon, which, by accepting, Arpaio admitted guilt. But while Arpaio's attorneys and Trumps DOJ argued that the presidential pardon cancels the sheriffs criminal conviction, US District Judge Susan Bolton ruled today that the only thing the pardon vacates is the penalty. The record stands. In her ruling, Bolton said while Trump's pardon "undoubtedly spared Defendant from any punishment that might otherwise have been imposed. It did not, however, 'revise the historical facts' of this case."
Judge Boltons ruling means more than maintaining the historical record; it means more than always appending convicted criminal to every Arpaio story. Even Arpaios attorney recognizes that the conviction could hypothetically be used against him in future legal proceedings.
Read more: https://www.dailykos.com/stories/2017/10/19/1708317/-Trump-pardoned-Sheriff-Arpaio-but-the-court-just-refused-to-erase-his-crimes-from-the-record
A happy note in an otherwise really revolting day.
cstanleytech
(26,316 posts)Hassin Bin Sober
(26,335 posts)The prick from New York that wanted to throw a reporter off a balcony wants to run again. He's fresh out of the slammer.
cstanleytech
(26,316 posts)I know in some states you cannot run and hold office but I am not sure if the same applies for a federal office.
Lurks Often
(5,455 posts)Dotarded
(23 posts)The basic premise of a pardon is that it erases a conviction. In totality.
I guess the judge can "refuse" to do whatever it is they are pretending to refuse but this will never impact Arpaio because this is from higher up
Presidential pardons are absolute and are not contestable
Maybe we should look into that with orange clown now here
pnwmom
(108,990 posts)A pardon doesn't erase a conviction. You are still required to disclose it when information about prior convictions is required, and states may impose their own civil penalties, such as the loss of the right to vote.
https://www.justice.gov/pardon/pardon-information-and-instructions
10. Effect of a pardon
While a presidential pardon will restore various rights lost as a result of the pardoned offense and should lessen to some extent the stigma arising from a conviction, it will not erase or expunge the record of your conviction. Therefore, even if you are granted a pardon, you must still disclose your conviction on any form where such information is required, although you may also disclose the fact that you received a pardon. In addition, most civil disabilities attendant upon a federal felony conviction, such as loss of the right to vote and hold state public office, are imposed by state rather than federal law, and also may be removed by state action. Because the federal pardon process is exacting and may be more time-consuming than analogous state procedures, you may wish to consult with the appropriate authorities in the state of your residence regarding the procedures for restoring your state civil rights.
Deuce
(959 posts)Old Vet
(2,001 posts)malthaussen
(17,216 posts)... unless, of course, the fix is already in.
-- Mal
JI7
(89,262 posts)why does it always seem like this types hang on forever while we lose so many good people far too early
noneof_theabove
(410 posts)wake up america.
He was "pardoned" from sentencing.
Removing the conviction is "expunging".
2 different things.
NOW ..... the problem.....NOTHING IS EVER REMOVED.
A family member a few years ago working for the city
and required to drive vehicles, got a notice of being fired.
WHAT...well they found that just before he turned legal age
to drink he had a DUI.
The judge said stay clean and your record will be sealed and expunged.
NOT.
The conviction 1970-72.
The notice 2012.
Expunging meant "the court house burns down" taking the records with it.
But not in 2017 your information is shared in the government more that
the Equifax hackers on the the "dark web".
Hope you don't skeletons in your closet.