Grant County Sheriff Ray Vance announced Friday that he would resign Monday over his ineligibility to hold office after a 2010 hunting violation in Kansas.

In a legal twist, he will be re-elected in November and take office again in January because he is running unopposed, and his misdemeanor conviction has been expunged.

Vance, 60, has served as Grant County sheriff since 2010. He entered a no-contest plea Nov. 3, 2010, to one count of false representation to secure a lifetime Kansas hunting license, according to court documents.

In February, special prosecutor Jack McQuary filed a petition to remove Vance from office, claiming that his misdemeanor in Kansas rose to the level of an "infamous crime," court documents show.

The Arkansas Supreme Court ruled in 2005 that an infamous crime includes an offense involving the elements of deceit or dishonesty.

On Feb. 6, the District Court of Jewell County, Kan., expunged Vance's record, erasing all history of the charge filed against him.

Because his record had not been cleared when he twice ran for sheriff, however, the case moved forward.

McQuary wrote in a June 12 court filing that "the state cannot admit the defendant is eligible to fulfill his present term of office of Sheriff of Grant County, Arkansas."

A hearing had been scheduled Monday in the civil case filed to seek Vance's removal from office for the remainder of his term, which ends Dec. 31.

"The defendant was not eligible to run for the office he currently holds, in accordance with the Constitution of the State of Arkansas. ... To allow the defendant to continue in an office he did not have the right to hold at the time, after the defendant takes the legal steps to restore his eligibility to run for the office, would be a mockery of our laws, and our Constitution, the very things that law enforcement officers as well as county and state officials swear an oath to uphold," the court filing said.

In the same document, McQuary said Vance should be eligible to take office again in January, since it will be a new term and his record is now clear of any charges.

"The state admits it appears that the defendant's eligibility to run for and hold any public office, after the date of expunction, has been restored in the State of Arkansas," McQuary wrote in the filing.

In a letter sent to Grant County Judge Kemp Nall on Friday, Vance wrote that his decision to resign came after "extensive thought, prayer and consideration regarding the citizens of Grant County, my family and the future. ... I feel it is best for all parties concerned to end the ongoing litigation."

A number to reach Vance outside his office was not located Friday. His attorney, Paul James of Little Rock, had no comment.

Nall said the Grant County Quorum Court will declare the sheriff's position vacant at its Monday night meeting and find a replacement to serve out the remainder of Vance's term.

In his letter to Nall, Vance wrote that it is "my intent that the Grant County Sheriff's Department continuously operates without disruption. If anything further is necessary to effectuate the resignation and transition through Dec. 31, 2014, please advise.

"It has been a great honor and privilege to serve the citizens of Grant County. My desire is to conclude any issue regarding this service through the end of this term."

A section on 08/16/2014