Both prosecutors and defense attorneys agree that the criminal conviction should be vacated and the case dismissed against the 85-year-old former lawman. However, prosecutors argue the "presidential pardon does not require the alteration, destruction, erasure, expungement, or sealing of the record in this case."
A hearing on the pardon's legal issues is set for October 4, one day prior to the day Arpaio was supposed to be sentenced.
He was charged with misdemeanor contempt of court while he was still sheriff in October 2016. He lost re-election in November.
The criminal charge stems from his actions after a 2011 court order in the Melendres civil rights case.