You’ve probably seen the headlines or heard the heated dinner-table debates. One side shouts that he’s a "convicted felon" the second the jury foreman spoke. The other side insists nothing is official until the judge swings the gavel at sentencing.
So, is Trump a felon before sentencing?
Honestly, the answer is a bit of a legal "yes, but." It’s one of those quirks of the New York legal system that drives non-lawyers crazy. If you’re looking for a simple "guilty" or "not guilty," you already have that from the jury. But in the eyes of the court record, the transition from "defendant" to "convicted felon" has a specific, technical timeline.
The Jury Verdict vs. The Final Judgment
Let’s look at what actually happened in that Manhattan courtroom. On May 30, 2024, a jury of 12 New Yorkers found Donald Trump guilty on all 34 counts of falsifying business records in the first degree.
At that exact moment, he became a "convicted" person in the colloquial sense. The world saw it. The news chyrons screamed it. But legally, a "conviction" in New York is a two-step process.
Basically, the jury provides the verdict, but the judge enters the judgment.
According to New York Criminal Procedure Law, a "conviction" is technically defined by the entry of a plea of guilty or a verdict of guilty. So, for things like campaign rhetoric or general descriptions, calling him a felon after the verdict is factually grounded in that jury decision.
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However, the judgment—which is the verdict plus the sentence—is what makes it "final" for the purposes of filing an appeal. You can’t actually appeal a conviction in New York until you’ve been sentenced.
Why the distinction matters for 2026
Since we are now in early 2026, we have the benefit of hindsight. We saw Judge Juan Merchan navigate a minefield that no other judge in American history has ever touched. Between the verdict in May 2024 and the eventual sentencing on January 10, 2025, Trump existed in a sort of legal purgatory.
He was a "convicted felon" because the jury had spoken, but he wasn't yet a "sentenced felon."
Does the "Felon" Label Stick Without a Prison Sentence?
There’s a common myth that if you don't go to prison, you aren't "really" a felon. That’s just not how it works.
In January 2025, Judge Merchan handed down a sentence of unconditional discharge. This was a massive move. It meant no jail time, no probation, and not even a fine. Some critics called it a "slap on the wrist," while others argued it was the only way to respect the office of the presidency as Trump prepared for his second inauguration.
But here is the kicker: An unconditional discharge is still a conviction. Even though he walked out of that situation without a "punishment" in the traditional sense, the 34 felony counts of falsifying business records remained on his permanent record. As of today in 2026, he is a sitting President with a criminal record.
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What most people get wrong about "Conviction"
- The Appeal Factor: Some people think that while a case is on appeal, the "felon" status is paused. Nope. You are a felon the moment that judgment is entered. If the appeal succeeds later, the conviction is vacated (wiped away), but until then, the label stays.
- The Voting Issue: This was a huge talking point during the 2024 election. Since Trump is a Florida resident, Florida law usually defers to the state where the conviction happened. New York law says you only lose your right to vote if you are currently incarcerated for a felony. Since Trump was never jailed, he never lost his right to vote for himself.
The Immunity Twist
You can't talk about whether Trump is a felon without mentioning the Supreme Court’s 2024 ruling on presidential immunity. This threw a massive wrench into the Manhattan case.
The defense argued that some of the evidence used in the "hush money" trial—specifically things like tweets and conversations with White House staffers—should have been protected by immunity. They claimed that because this "tainted" evidence was shown to the jury, the whole conviction should be tossed.
Judge Merchan didn't buy it. He ruled that the core of the crime—falsifying those business records—was a private act, not an official one.
"Finding no legal impediment to sentencing... it is incumbent upon this Court to set this matter down for the imposition of sentence," Merchan wrote in his January 2025 decision.
This is why the sentencing eventually moved forward. The judge felt the jury's voice was "sacrosanct" and that the immunity ruling didn't cover the specific paper-trail crimes Trump was charged with.
Life as a Felon in the White House
So, here we are in 2026. What does this actually look like in practice?
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It’s weird. It’s unprecedented.
Typically, a felony conviction bars you from things like owning a firearm or traveling to certain countries (like Canada or the UK) without special waivers. However, when you’re the President of the United States, those rules sort of melt away under the heat of "sovereign interests."
It creates a "two-tier" feeling that many legal experts, like those interviewed by The Marshall Project, have pointed out. For a regular person, 34 felonies usually means a very different life than the one the President is currently leading.
Actionable Insights: How to Track the Status
If you’re trying to keep up with the technical legal status of these cases in 2026, here is what you need to look for:
- The Appellate Division Filings: Trump’s team is still fighting to have the New York conviction vacated based on the immunity ruling. If they win here, he would officially no longer be a felon.
- The "Interests of Justice" Motions: There are ongoing attempts to argue that a sitting president cannot have a criminal record because it interferes with his ability to govern. Watch for rulings on these specific motions.
- State vs. Federal Power: Remember, this is a state case. No president can pardon themselves for a New York state conviction. Only the Governor of New York (currently Kathy Hochul) could do that, and that's not happening anytime soon.
The bottom line is that Donald Trump is a felon before sentencing in the sense that the jury has delivered a verdict of guilt. He became a sentenced felon on January 10, 2025. Unless an appeals court steps in to wipe the slate clean, that remains his legal status today.
If you're following this for legal or research purposes, always distinguish between the jury verdict and the final judgment of conviction. They are two different milestones on the same road, and in this case, both have been passed.
Check the New York Unified Court System's public records periodically. While high-profile cases are often summarized in the news, the actual "Decision and Order" documents from Judge Merchan provide the most accurate look at the legal justifications being used to maintain or challenge his status.