If you’re scrolling through social media or catching the evening news, the question is everywhere: Does Trump have a felony? It’s a simple question with a weirdly complicated answer. Honestly, depending on who you ask—or which legal expert is currently talking on TV—you might get three different answers.
Let's cut through the noise. Basically, as of right now, Donald Trump is a convicted felon. But there is a huge "but" attached to that. On May 30, 2024, a jury in Manhattan found him guilty on 34 counts of falsifying business records. That’s a felony in New York.
But here’s where it gets kinda wild. In January 2025, just days before he was inaugurated for his second term, the judge in that case, Juan Merchan, gave him an "unconditional discharge." This means the conviction is on his record, but he doesn't have to go to jail, pay a fine, or even go on probation. It’s like being found guilty but the court saying, "Okay, we’re done here."
The New York Case: 34 Counts and an Unconditional Discharge
You’ve probably heard this referred to as the "hush money" case. The core of it wasn't actually about the money itself—it’s not illegal to pay someone to keep quiet. The felony part came from how those payments were recorded.
The prosecution argued that Trump falsified invoices and checks to hide reimbursements to his former lawyer, Michael Cohen. They claimed this was done to cover up another crime: trying to illegally influence the 2016 election.
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Because he was the President-elect when sentencing came around, things got legally messy. Judge Merchan basically admitted that if Trump were a regular guy, he’d likely be facing some serious time or at least a massive fine. But because of the "enormous protections" granted to a President under the Constitution, the judge felt his hands were tied.
Is he still appealing?
Oh, absolutely. Trump’s legal team, led by Robert Giuffra Jr., filed a massive 96-page appeal in late 2025. They’re arguing a few things:
- The judge should have stepped down (recused himself).
- The charges shouldn't have been brought in the first place.
- The Supreme Court's 2024 ruling on presidential immunity means the whole thing should be tossed.
If the New York Court of Appeals agrees with him, that "convicted felon" label could vanish. But for today? Yeah, the record still shows those 34 counts.
What Happened to the Other Cases?
You might remember there were four big cases total. It felt like every week there was a new indictment. But since he won the 2024 election and returned to the White House, the legal landscape shifted completely.
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The federal cases—the one about classified documents at Mar-a-Lago and the one about Jan. 6—are essentially dead in the water for now. The Department of Justice has a long-standing policy: you can't prosecute a sitting president. Special Counsel Jack Smith ended up winding those down. It’s pretty much impossible to keep a federal case going against the guy who runs the department doing the prosecuting.
Then there's Georgia. Remember the RICO case in Fulton County? That one has been stuck in legal limbo for ages. Between the drama surrounding DA Fani Willis and the fact that a state can't really put a sitting president on trial, it's basically on ice until at least 2029.
Does Having a Felony Change Anything for Him?
Normally, a felony conviction is a life-altering event. It usually means you can’t vote, you can’t own a gun, and you definitely can’t get certain jobs. But for a President? The rules are different.
- Can he vote? Kinda surprisingly, yes. Because his conviction happened in New York, Florida (where he lives) follows New York's rules. New York allows felons to vote as long as they aren't currently behind bars. Since he got an unconditional discharge, his voting rights are intact.
- Can he be President? The Constitution only has three requirements: be a natural-born citizen, be at least 35, and have lived in the U.S. for 14 years. It says nothing about a criminal record.
- Gun ownership: This is a tricky one. Federal law generally prohibits felons from possessing firearms. There hasn't been a lot of public talk about how the Secret Service handles this, but legally, it’s a gray area for a sitting Commander-in-Chief.
Why the "Felon" Label Still Matters
Even if he isn't in a jail cell, the label carries a lot of weight. It’s a massive talking point for his critics. It also creates a bizarre situation where the leader of the free world can't travel to certain countries. Some nations, like Canada and the UK, have strict rules about letting people with felony records cross their borders.
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Usually, world leaders get a "diplomatic pass," but it’s an awkward conversation for the State Department to have every time he wants to go to a G7 summit.
The Actionable Bottom Line
If you're trying to keep track of this for a debate or just to stay informed, here is the current reality in early 2026:
- Check the current status: As of now, Donald Trump is legally a convicted felon due to the New York business records case.
- Monitor the appeal: Keep an eye on the New York Court of Appeals. If they rule in his favor, the conviction is erased. This is his best shot at getting rid of the title.
- Distinguish between cases: Don't get the "hush money" conviction confused with the other indictments. The other three (Georgia, Federal Election, and Classified Documents) have not resulted in convictions and are mostly paused.
- Understand the "Unconditional Discharge": This is the key. It means he has the conviction on his record but zero court-ordered punishment.
The legal battle isn't over. It’s just moved from a crowded courtroom to a series of high-level appellate filings. While the "felon" tag is technically accurate today, the legal maneuvers happening behind the scenes could change that at any moment.
To stay truly up to date, you should periodically check the New York Unified Court System's public records or follow credible legal analysts who specialize in New York appellate law. The situation is fluid, and the intersection of presidential immunity and state criminal law is uncharted territory that we're all watching in real-time.