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Joe Arpaio hits snag in bid to remove conviction from record

Posted at 1:02 PM, Oct 31, 2017
and last updated 2017-10-31 16:02:33-04

Former Sheriff Joe Arpaio has hit a snag in his bid to have his now-pardoned criminal conviction erased from his record.

An appeals court on Monday questioned whether it has jurisdiction over Arpaio's appeal of a ruling that denied his request to throw out a decision that explains why he was convicted of misdemeanor contempt of court for disobeying a 2011 court order.

The 9th Circuit Court of Appeals says the pardon was issued before Arpaio was sentenced and cites a case that concluded appeals courts are generally barred from reviewing cases until after a person is sentenced.

Arpaio was given three weeks to say why his appeal shouldn't be dismissed.

The judge in Arpaio's case has said pardons moot punishments in criminal cases but don't erase convictions.