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Stonepounder

(4,033 posts)
Fri Oct 20, 2017, 02:05 AM Oct 2017

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 sheriff’s attorneys filed a motion to erase Arpaio’s criminal conviction from the history books:

"The President’s 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 summer’s 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 Trump’s DOJ argued that the presidential pardon cancels the sheriff’s 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 Bolton’s ruling means more than maintaining the historical record; it means more than always appending “convicted criminal” to every Arpaio story. Even Arpaio’s 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.
11 replies = new reply since forum marked as read
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Trump pardoned Sheriff Arpaio, but the court just refused to erase his crimes from the record (Original Post) Stonepounder Oct 2017 OP
Since he still was legally convicted does this mean he cannot run for a federal office? cstanleytech Oct 2017 #1
Is there some rule convicted felons can't run for federal office? Hassin Bin Sober Oct 2017 #2
That is why I am asking. cstanleytech Oct 2017 #3
Probably not since it was essentially a misdemeanor conviction Lurks Often Oct 2017 #9
Doesn't make sense Dotarded Oct 2017 #4
Wrong. You are spouting the Trump line. How come? pnwmom Oct 2017 #5
Thank you for the info... Deuce Oct 2017 #7
Relax, maybe some people just didnt know. NOT spouting the trump line........ Old Vet Oct 2017 #8
"Because the federal pardon process is exacting..." malthaussen Oct 2017 #10
why doesn't he die already ? JI7 Oct 2017 #6
The alarm clock just went off... noneof_theabove Oct 2017 #11

Hassin Bin Sober

(26,272 posts)
2. Is there some rule convicted felons can't run for federal office?
Fri Oct 20, 2017, 02:18 AM
Oct 2017

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

(26,080 posts)
3. That is why I am asking.
Fri Oct 20, 2017, 03:00 AM
Oct 2017

I know in some states you cannot run and hold office but I am not sure if the same applies for a federal office.

 

Dotarded

(23 posts)
4. Doesn't make sense
Fri Oct 20, 2017, 03:40 AM
Oct 2017

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

(108,925 posts)
5. Wrong. You are spouting the Trump line. How come?
Fri Oct 20, 2017, 03:56 AM
Oct 2017

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.

malthaussen

(17,066 posts)
10. "Because the federal pardon process is exacting..."
Fri Oct 20, 2017, 09:28 AM
Oct 2017

... unless, of course, the fix is already in.

-- Mal

JI7

(89,182 posts)
6. why doesn't he die already ?
Fri Oct 20, 2017, 04:24 AM
Oct 2017

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)
11. The alarm clock just went off...
Fri Oct 20, 2017, 01:14 PM
Oct 2017

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.

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