It is a question that has basically taken over every dinner table debate and cable news segment since the spring of 2024. Is he or isn't he? Honestly, the answer depends entirely on whether you’re looking at a court docket or a campaign press release.
As of right now, in early 2026, the short answer is yes. Donald Trump is a convicted felon. But like everything else in the orbit of the 45th and 47th President, that "yes" comes with a mountain of legal asterisks and ongoing drama.
He didn't just get hit with one charge. A Manhattan jury found him guilty on 34 felony counts of falsifying business records in the first degree. That’s not a small number. It’s also not a "misdemeanor" as some of his supporters used to argue during the trial. Under New York law, specifically Penal Law §175.10, these are Class E felonies.
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The Current State of Play in 2026
If you check the records today, those convictions are still sitting right there. They haven't been erased. They haven't been pardoned—mostly because a President can’t pardon state-level crimes. Only the Governor of New York could do that, and let’s just say Kathy Hochul isn't exactly rushing to sign that paperwork.
However, the "punishment" part of the story turned out to be a bit of a plot twist. On January 10, 2025, just ten days before his second inauguration, Judge Juan Merchan sentenced Trump to an unconditional discharge.
Basically, it means he’s guilty, the conviction stays on his record, but there’s no jail time. No probation. No fines. It was the legal equivalent of a "guilty" stamp with no further action required. Merchan basically admitted that sentencing a sitting President-elect to a prison cell would create a constitutional crisis that the country just wasn't ready to handle.
Why the "Hush Money" Label is Kinda Misleading
Everyone calls it the "hush money" case. It sounds spicy. It sounds like a tabloid headline. But if you look at the actual indictment brought by Manhattan DA Alvin Bragg, the word "hush money" isn't the crime. Paying someone to keep quiet is actually legal in most cases—it’s called a Non-Disclosure Agreement (NDA).
The felony part happened because of how the money was recorded.
The $130,000 paid to Stormy Daniels was funneled through Michael Cohen. Trump then reimbursed Cohen. In the Trump Organization’s books, these payments were marked as "legal expenses" pursuant to a "retainer agreement." The jury decided that was a lie. They agreed with the prosecution that there was no retainer agreement and that the records were faked to hide a payment that was actually intended to influence the 2016 election.
The Immunity Factor
You’ve probably heard about the Supreme Court’s big ruling on presidential immunity. Trump’s legal team, led by Todd Blanche (who is now the Deputy Attorney General, by the way), has been using that ruling like a sledgehammer to try and smash the New York conviction.
They argue that some of the evidence used in the trial—like Trump’s tweets or conversations he had while in the Oval Office—should have been off-limits because they were "official acts."
- The Defense Stance: If you use "immune" evidence to get a conviction, the whole conviction is tainted and has to be tossed.
- The Prosecution Stance: The falsifying of records was a private business matter that happened before he was even in office or was strictly personal.
- The Appeals Status: As of January 2026, the case is still bouncing around the appeals courts. In late 2025, a federal appeals court actually ordered a lower court to take another look at these immunity arguments.
So, while he is technically a felon today, there is a real possibility that a higher court could overturn the whole thing later this year.
What Happened to the Other Cases?
It’s easy to lose track. There were four major indictments, right? If you’re wondering why "felon" is usually only tied to the New York case, it’s because the others basically evaporated after he won the 2024 election.
- The Classified Documents Case: Dismissed. Judge Aileen Cannon threw it out, arguing the appointment of Special Counsel Jack Smith was unconstitutional.
- The Federal Election Interference Case (Jan 6th): Also gone. The DOJ has a long-standing policy against prosecuting a sitting president, so Jack Smith moved to dismiss this one before the inauguration.
- The Georgia RICO Case: Currently in a state of deep-freeze. Between the drama involving DA Fani Willis and the fact that you can't really put a sitting president on trial in state court, it’s effectively dead for the next four years.
Can a Felon Even Be President?
This was the big "gotcha" question for a year. People kept looking for a rule in the Constitution that says "No Felons Allowed."
Spoiler: It’s not there.
The Constitution is surprisingly short on requirements. You have to be 35. You have to be a natural-born citizen. You have to have lived here for 14 years. That’s it. There is no "clean criminal record" clause. So, while it’s historically wild, it’s perfectly legal for a felon to hold the highest office in the land.
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Actionable Next Steps for Staying Informed
The legal landscape for the 47th President is moving fast, even now in 2026. If you want to track whether that "felon" status actually sticks, here is how to cut through the noise:
- Watch the Second Circuit: This federal appeals court is currently the one to watch. Their ruling on whether the case should be moved to federal court will determine if Trump can use the "immunity" card to wipe the slate clean.
- Check the New York Appellate Division: This is where the direct appeal of the 34 counts is living. If they find a procedural error, they could order a new trial—which obviously won't happen while he's in the White House.
- Ignore the "Pardon" Rumors: You’ll see headlines about Trump pardoning himself. Remember: that only works for federal crimes. The New York conviction is a state crime. He cannot touch it with a presidential pen.
The reality of 2026 is that Donald Trump is a president with a criminal record that is currently being fought over by some of the most expensive lawyers in the world. He’s a felon on paper, a president in practice, and a legal enigma for the history books. Keep an eye on the New York appellate filings this spring; that's where the final answer will likely be written.