Washington (CNN) The judge in Joe Arpaio's case has set a date to hear former Maricopa County sheriff Joe Arpaio's request to vacate his conviction for contempt, according to court documents signed Tuesday.

Arpaio's attorneys on Monday asked the court to dismiss his case and vacate his conviction for contempt, now that he has been pardoned by President Donald Trump.

In a court filing Tuesday, US district judge Susan Bolton set an oral argument for October 4, and vacated the planned October 5 sentencing hearing.

The move to vacate his conviction would essentially erase a federal district court judge's guilty verdict against Arpaio for contempt of court after he defied a federal court order to stop arresting individuals solely because they may be in the country illegally, which the court found to be unconstitutional racial profiling.

Arpaio's legal team on Monday asked the court to vacate the conviction and dismiss the case permanently before his scheduled October 5 sentencing and before the Supreme Court convenes in September. Arpaio had appealed his case to the Supreme Court.

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