Federal prosecutors asked a judge Monday to dismiss the criminal-contempt case against former Maricopa County Sheriff Joe Arpaio, saying President Trump’s pardon of Arpaio effectively ended the case.
"The government agrees that the Court should vacate all orders and dismiss the case as moot," the U.S. Department of Justice attorneys said in response to Arpaio’s motion to dismiss.
If the court approves the dismissal request, the criminal-contempt charge would be wiped from Arpaio's record.
Federal Judge Susan Bolton has set a hearing for Oct. 4 on whether she should dismiss the case.
Arpaio was found guilty of criminal contempt of court in July after U.S. Department of Justice attorneys accused him of intentionally violating a federal judge's order. DOJ attorneys said Arpaio's deputies continued arresting undocumented immigrants without evidence they had broken state law.
President Trump issued the pardon last month. By issuing the pardon before Arpaio was sentenced, Trump spared the 85-year-old former lawman from a possible sentence of up to six months in jail.
Trump praised the former sheriff for "protecting the public from the scourges of crime and illegal immigration," and said he is "a worthy candidate for a Presidential pardon."
The presidential pardon was unusual in that Arpaio had not been sentenced or served any time in jail, nor had he shown any remorse for what he did.
Arpaio sent a fundraising email to supporters on Saturday, stating he needed their help to pay off a $300,000 legal bill.
Arpaio served as Maricopa County Sheriff, Arizona's largest county, from 1993 to 2016. The self-named "America's toughest sheriff," lost re-election to Democrat Paul Penzone in November, who succeeded him as sheriff on January 1, 2017.