Why Donald Trump Is a Felon: What Most People Get Wrong

Why Donald Trump Is a Felon: What Most People Get Wrong

On May 30, 2024, a Manhattan jury did something that had never happened in over two centuries of American history. They looked at a former president and said, "Guilty." 34 times, to be exact. It wasn't about a "witch hunt" or a political conspiracy in the way you might hear on cable news. It was about paper. Specifically, invoices, ledger entries, and checks.

By the time the foreperson finished speaking, Donald Trump was a convicted felon.

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Since then, the internet has been a mess of confusion. People ask if he’s still a felon after the 2024 election or if the Supreme Court's immunity ruling wiped it all away. Honestly, the legal reality is a bit more grounded than the headlines suggest. He is a felon because he was convicted of 34 counts of Falsifying Business Records in the First Degree.

The Core of the Conviction: Those 34 Counts

To understand why Donald Trump is a felon, you have to look at New York Penal Law § 175.10. Usually, lying on a business record is just a misdemeanor in New York. It’s like a slap on the wrist. But it jumps up to a Class E felony if you fake those records to hide or commit another crime.

In this case, the "other crime" was a conspiracy to promote an election by "unlawful means."

Basically, the jury found that Trump didn't just mislabel some payments to his then-lawyer, Michael Cohen. They decided he did it to cover up a $130,000 hush-money payment to adult film actress Stormy Daniels. The goal? Keeping her story of an alleged 2006 sexual encounter away from voters right before the 2016 election.

The "paper trail" that led to the felony status looked like this:

  • 11 Invoices: Michael Cohen sent these, pretending they were for legal services under a "retainer agreement" that didn't actually exist.
  • 12 Ledger Entries: These were the internal records at the Trump Organization that categorized the repayments as "legal expenses."
  • 11 Checks: These were the actual payments, most signed by Trump himself while he was sitting in the Oval Office.

Prosecutors argued—and the jury believed—that these weren't legal fees. They were reimbursements for a covert campaign expense. Because this was done to influence an election, the "misdemeanor" paperwork became a "felony" crime.

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Why the "Felon" Label Still Sticks in 2026

You've probably seen the news about his sentencing being delayed or the "unconditional discharge" talk. In January 2025, Judge Juan Merchan faced a weird situation. Trump was the President-elect. You can't really put a guy in a New York jail when he’s about to lead the free world.

So, Merchan granted an unconditional discharge.

This is a specific legal move. It means the court says, "Yes, you are guilty, and the conviction stands, but we aren't going to give you prison time, probation, or a fine." It’s basically a legal "time out" because of the unique circumstances of the presidency.

Does that mean he’s not a felon anymore? No.

A conviction is only "undone" if an appeals court vacates it or if a governor (in this case, New York's governor) pardons him. Since this was a state-level case, a President cannot pardon himself. That’s a federal power only. As of right now, the 34 counts are still on his record. He is legally a person with a felony conviction.

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What about Presidential Immunity?

The Supreme Court ruled in Trump v. United States that presidents have broad immunity for "official acts." Trump’s lawyers immediately tried to use this to toss the New York conviction. They argued that some evidence used in the trial—like tweets he sent while president or testimony about White House meetings—should have been off-limits.

But the New York prosecutors fired back. They said the heart of the case—faking private business records to pay back a lawyer for a pre-election hush-money deal—was a "private act," not an official one.

The Practical Reality of a "Felon President"

Most people with a felony record can't get a job at a bank or own a gun. For Trump, the consequences are... different. Wealth and power change how the system hits you.

  • Voting Rights: Since he’s a resident of Florida, people thought he might lose his right to vote. But Florida law usually follows the rules of the state where you were convicted. New York only strips your voting rights if you are actually behind bars. Since Trump isn't in a cell, he can still vote.
  • Travel: Some countries (like the UK or Canada) technically have rules against letting felons in. Do you really see Canada turning away Air Force One because of a paperwork conviction? Probably not.
  • The "Stigma": For some voters, the "felon" label is a badge of honor, proof of a "rigged" system. For others, it’s a permanent stain on the office of the presidency.

What Happens Next?

The legal battle isn't over. The case is still winding through the New York appeals process. His legal team is fighting to have the whole thing dismissed based on the Supreme Court's immunity ruling. If they win there, the "felon" title goes away. If they lose, it stays forever.

If you’re trying to keep track of the status of these legal challenges, here is what you should actually do:

  1. Monitor the New York Appellate Division: This is where the real fight is happening now. They will decide if the "unconditional discharge" was enough or if the conviction itself was flawed.
  2. Distinguish State vs. Federal: Remember that even if the federal cases (like the January 6th case) go away, they have zero direct impact on the New York state conviction.
  3. Check the "Certificate of Relief": In New York, some people with convictions can apply for documents that restore certain rights. It will be interesting to see if his team pursues these administrative fixes.

The facts are simple even if the politics are loud: 12 citizens in Manhattan saw evidence of falsified records, linked them to an election scheme, and signed off on 34 felony counts. Until a higher court says otherwise, that is the law of the land.