PHOENIX (AP) - The U.S. Justice Department won't appeal the court-ordered appointment of a special prosecutor to defend a ruling that refused to erase the criminal record of former Sheriff Joe Arpaio after he was pardoned.
The special prosecutor's appointment came after the Justice Department refused to defend a ruling that dismissed the lawman's case but refused to expunge his record.
The Justice Department said Wednesday it wasn't going to ask the U.S. Supreme Court to review the special prosecutor's appointment.
That clears the way for the appeal over whether Arpaio's record should be erased to move forward at the 9th Circuit Court of Appeals.
Arpaio was convicted of contempt of court for disobeying a court order to stop immigration patrols.
The pardon by President Donald Trump spared Arpaio a possible jail sentence.