Wait, so is he actually still a felon? It’s the question that seems to break the internet every few months, especially now that we’re sitting in 2026. If you’ve been following the news, you know the saga of the 34 counts in New York felt like a never-ending season of a legal thriller. One day there’s a conviction, the next there’s an election win, and then a sentencing that felt... well, a bit like a dud to some and a relief to others.
The short answer is yes. Technically. But "technically" carries a lot of weight in the legal world.
The Reality of the New York Conviction
Let’s go back to May 2024. A Manhattan jury found Donald Trump guilty on 34 felony counts of falsifying business records. These weren’t just "oops" moments on a tax return; the prosecution argued they were part of a scheme to bury stories—specifically from Stormy Daniels—that could have tanked his 2016 campaign.
Fast forward through the 2024 election. Once he won, the legal gears started grinding in a way we’ve never seen before. You can’t exactly put a President-elect in a orange jumpsuit without causing a constitutional meltdown. On January 10, 2025—just days before he took the oath of office for the second time—Judge Juan Merchan finally handed down the sentence.
He gave Trump an unconditional discharge.
Basically, that’s the legal version of a "don't do it again" with a side of "we're done here." There was no jail time. No probation. No fines. Merchan basically acknowledged that the presidency acts as a sort of shield. He noted that while "Donald Trump the ordinary citizen" might have faced a different fate, the "President-elect" required a different path to keep the country moving.
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But here is the kicker: an unconditional discharge is still a conviction. The "felon" label didn't just evaporate because he moved back into the White House.
Can He Just Pardon Himself?
This is where people get really confused. Since he’s the President, can’t he just sign a piece of paper and make the whole thing go away?
Nope.
The U.S. Constitution gives the President the power to grant pardons for federal offenses. The New York case was a state case. It was brought by Manhattan DA Alvin Bragg under New York state law. Trump has as much power to pardon a New York state felony as you do to pardon your neighbor's parking ticket. It’s just not in his jurisdiction.
The only person who could technically pardon him for those 34 counts would be the Governor of New York. And given the political climate between Albany and the Trump administration, I wouldn't hold my breath for that one.
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The "Immunity" Card and the 2025 Appeals
Now, just because the sentence was light doesn't mean the legal team stopped fighting. They’ve been relentlessly trying to get the conviction overturned entirely.
The big weapon in their arsenal? The Supreme Court’s 2024 ruling on presidential immunity.
Trump’s lawyers, led by folks like Todd Blanche (who eventually moved into a high-ranking DOJ role) and Emil Bove, argued that the New York trial was tainted. They claimed that prosecutors used evidence that should have been off-limits—specifically things Trump did or said while he was President the first time that they argue were "official acts."
Late in 2025, a federal appeals court actually gave them a tiny glimmer of hope. They told a lower federal judge to take another look at whether the conviction ran afoul of that immunity ruling. As of right now, in early 2026, those appeals are still bouncing around the system.
If a court eventually rules that the evidence used in the trial violated his immunity, the conviction could be tossed out. If that happens, he wouldn't be a felon anymore. But until a judge signs that order, the records in Manhattan still say "Guilty."
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How This Affects the Presidency
Honestly, it’s kinda weird. We have a sitting President who is also a convicted felon. But does it actually change anything day-to-day?
- Travel: Most countries aren't going to deny entry to the President of the United States over a business records felony. Diplomatic immunity is a powerful thing.
- Voting: Ironically, under New York law, you only lose your right to vote if you are actually incarcerated. Since he’s not in prison, he can still cast a ballot.
- Guns: This is a weird one. Federal law generally prohibits felons from possessing firearms. There hasn't been much noise about this, mostly because the Secret Service handles the "firepower" part of his life anyway.
What Happens Next?
The legal battle isn't over, even if the "punishment" part is. The New York Court of Appeals is still weighing the formal appeal filed in October 2025.
If you’re looking for a definitive "yes or no," here is the status as it stands today: Donald Trump remains a convicted felon on paper because his 34 convictions have not been vacated or overturned. However, because his sentence was an unconditional discharge, he faces zero restrictions on his liberty, and as a sitting President, he is effectively immune from any further state-level prosecution until he leaves office.
Actionable Insights for Following the Case:
- Watch the Second Circuit: Keep an eye on the federal courts in Manhattan. They are the ones currently deciding if the "immunity" defense can actually dismantle the state conviction.
- Check the "Vacated" Status: If you see news about the conviction being "vacated," that is the magic word that means he is no longer a felon. "Sentenced" or "Discharged" does not change the conviction itself.
- Ignore the Pardon Talk: Whenever someone mentions a "Presidential Pardon" for the New York case, you can safely ignore it. It's a legal impossibility.
The story is still being written in the courts, but for now, the record remains what it was on that day in May 2024. It's a historic anomaly that we're all just living through.