Yes, Donald Trump can still be elected president after being convicted of a crime

On May 30, 2024, former President Donald Trump was found guilty of falsifying business records in a New York trial. This marked the first time a former president was convicted of felony crimes, specifically related to hush money payments during the 2016 election campaign. The jury unanimously convicted Trump on all 34 counts after nearly 10 hours of deliberation.

THE QUESTION

Can a person be elected president if they have been indicted or found guilty in a criminal case?

THE SOURCES

Legal experts confirm that individuals with criminal charges or convictions can still run for and serve as president.

THE ANSWER

Yes, individuals with criminal records can still meet the constitutional requirements to run for president.

WHAT WE FOUND

The Constitution lists only three qualifications for the presidency: the candidate must be at least 35 years old, a natural born citizen, and have lived in the US for at least 14 years. There is no mention of criminal charges disqualifying someone from running for president.

Legal experts, including Doron M. Kalir, confirm that the Constitution’s silence on criminal convictions allows those individuals to serve as president. The Supreme Court has also upheld these eligibility requirements, preventing states from excluding convicted individuals from running for federal office.

While some argue a clause in the 14th Amendment may prevent Trump from serving in office again, experts suggest it likely does not apply in this case. The only way to change presidential eligibility requirements would be through a constitutional amendment, a process requiring significant legislative support.

Historically, there have been instances of convicted felons running for president, such as Joe Exotic and Eugene Debs. These cases highlight the unique nature of US presidential elections and the absence of specific criminal disqualifications.

The Associated Press contributed to this report.