Can a Convicted Felon Run for President? (2026 Legal Guide)

Last Updated: January 2026 | Verified against U.S. Constitution and 2024-2025 legal developments

Quick Answer: Can a Convicted Felon Run for President?

Yes. There is no constitutional prohibition against a convicted felon running for or serving as President of the United States. This was definitively proven in 2024 when Donald Trump, despite being convicted of 34 felony counts in New York, successfully ran for and won the presidency.

Key Question	Answer
Can a felon run for President?	Yes
Can a felon serve as President?	Yes
Can a felon vote for President?	Depends on state law
Constitutional disqualifications for President	Age, citizenship, residency only
Has a convicted felon won the presidency?	Yes, in 2024

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Constitutional Requirements to Be President

The U.S. Constitution sets only three requirements for presidential eligibility, found in Article II, Section 1, Clause 5:

1. Age: Must be at least 35 years old
2. Citizenship: Must be a natural-born citizen of the United States
3. Residency: Must have been a resident of the United States for at least 14 years

That’s it. The Constitution does not mention criminal history, felony convictions, or moral character as disqualifying factors.

Why Didn’t the Founders Include Criminal Disqualification?

The Founding Fathers deliberately kept eligibility requirements minimal. They feared that allowing criminal disqualification could be weaponized politically. If political opponents could bar candidates by bringing charges, the democratic process could be manipulated.

Instead, the Constitution provides other mechanisms for accountability:

• Impeachment: Congress can remove a sitting president
• Elections: Voters decide who represents them
• 25th Amendment: Provides for removal of an incapacitated president

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The 14th Amendment: The Only Constitutional Bar Beyond Basic Requirements

The one additional constitutional provision that could theoretically disqualify a presidential candidate is Section 3 of the 14th Amendment:

“No person shall… hold any office, civil or military, under the United States… who, having previously taken an oath… to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

Trump v. Anderson (2024): The Supreme Court’s Ruling

This provision was tested in the 2024 election cycle. Colorado’s Supreme Court ruled that Donald Trump should be removed from the state’s primary ballot under Section 3 due to his alleged role in the January 6, 2021 Capitol events.

However, in Trump v. Anderson (March 4, 2024), the U.S. Supreme Court unanimously reversed this decision, ruling that:

• Individual states cannot unilaterally disqualify federal candidates under Section 3
• Only Congress has the authority to enforce Section 3 against federal officeholders
• Allowing states to make such determinations would create a “patchwork” system inconsistent with the Constitution’s design

This ruling effectively closed the door on using Section 3 to disqualify Trump or any future presidential candidate without Congressional action.

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2024: The First Convicted Felon to Win the Presidency

On May 30, 2024, Donald Trump was convicted of 34 felony counts of falsifying business records in New York State Court (People of the State of New York v. Donald J. Trump). This made him the first former U.S. president to be convicted of felony crimes.

Despite this historic conviction, Trump:

• Remained on the ballot in all 50 states
• Won the Republican primary
• Won the 2024 presidential election
• Was inaugurated as the 47th President on January 20, 2025

This definitively answered the theoretical question: Yes, a convicted felon can not only run for president but can win and serve.

What Happened to Trump’s Legal Cases?

Following the 2024 election victory:

• New York conviction: Sentencing was postponed indefinitely; appeals are ongoing
• Federal January 6 case: Dismissed by the Justice Department per DOJ policy not to prosecute sitting presidents
• Federal classified documents case: Dismissed by the trial judge; the dismissal was not appealed after the election
• Georgia election interference case: Effectively paused during the presidency

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Historical Precedents: Other Candidates Who Ran While Facing Legal Issues

Eugene V. Debs (1920)

Socialist Party candidate Eugene V. Debs ran for president in 1920 while incarcerated in federal prison. He had been convicted under the Espionage Act for anti-war speeches during World War I. Debs received nearly one million votes (3.4% of the total) while serving his sentence.

Lyndon LaRouche (1992)

Political activist Lyndon LaRouche ran for the Democratic presidential nomination in 1992 while serving a 15-year prison sentence for mail fraud and conspiracy. He ran from prison and received votes in several Democratic primaries.

Key Takeaway

American history demonstrates that criminal charges and even incarceration have never legally prevented someone from running for president. The voters, not the courts, ultimately decide whether a candidate’s legal troubles disqualify them in their eyes.

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Felony Convictions and Other Federal Offices

Interestingly, while felons can run for president, some other offices have restrictions:

Office	Can a Felon Serve?	Source
President	Yes	No constitutional prohibition
Vice President	Yes	Same requirements as President
U.S. Senator	Yes	Constitution sets minimal requirements
U.S. Representative	Yes	Constitution sets minimal requirements
Federal Judge	Typically No	Senate confirmation standards
Federal Employee (most positions)	Varies	Background check requirements
Security Clearance Holder	Usually No	Clearance eligibility criteria

The irony: A person might be denied a job as a federal mail carrier due to a felony conviction but could legally serve as Commander-in-Chief.

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Can a Convicted Felon Vote for President?

While a convicted felon can run for president, whether they can vote for president depends entirely on state law. The federal government does not regulate felon voting rights.

Category	States
No restrictions (felons never lose voting rights)	Maine, Vermont, Washington D.C.
Rights restored automatically after release	18 states including California, Colorado, New York
Rights restored after prison and parole/probation	18 states including Texas, Georgia, North Carolina
Rights restored after waiting period or application	8 states including Florida, Arizona, Tennessee
Permanent disenfranchisement for some crimes	5 states including Kentucky, Virginia (with exceptions)

For detailed information on voting rights restoration in your state, check the National Conference of State Legislatures.

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What Would Happen If a President Were Convicted While in Office?

The Constitution does not address this scenario directly, but several principles apply:

Impeachment Is the Primary Remedy

The Constitution provides that the President can be impeached for “high Crimes and Misdemeanors.” However:

• Impeachment requires a majority vote in the House
• Removal requires a two-thirds vote in the Senate
• The political composition of Congress, not the legal merits, often determines outcomes

DOJ Policy Against Prosecuting Sitting Presidents

Department of Justice policy holds that a sitting president cannot be indicted or prosecuted while in office. This policy, outlined in Office of Legal Counsel memos from 1973 and 2000, is based on the view that criminal prosecution would unconstitutionally interfere with the president’s duties.

State Prosecutions Present Unique Questions

Whether states can prosecute a sitting president remains legally untested. Most legal scholars believe the Supremacy Clause would likely prevent state prosecution while in office, though this has never been definitively resolved by courts.

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The Pardon Power and Presidential Self-Pardon

A president has broad pardon power under Article II of the Constitution for federal crimes. Key questions:

Can a President Pardon Themselves?

This has never been tested in court. Constitutional scholars are divided:

• Against: The principle that no one should be a judge in their own case
• For: The pardon power contains no explicit exception for self-pardons

Can a President Pardon State Crimes?

No. Presidential pardon power is limited to federal offenses. State crimes can only be pardoned by state governors (or equivalent state authorities). This is why Trump’s New York conviction cannot be pardoned by federal executive action.

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Frequently Asked Questions

Has a convicted felon ever served as President?

Yes. Donald Trump was convicted of 34 felony counts in May 2024 and was elected and inaugurated as President in January 2025, making him the first convicted felon to serve as president.

Could Congress pass a law barring felons from the presidency?

Such a law would likely be unconstitutional. The Supreme Court has held that Congress cannot add qualifications beyond those specified in the Constitution for federal offices. See Powell v. McCormack (1969) and U.S. Term Limits v. Thornton (1995).

What if a president is sentenced to prison?

This unprecedented scenario would likely trigger a constitutional crisis. Options might include:

• Impeachment proceedings
• Invocation of the 25th Amendment
• Legal challenges to delay incarceration
• Negotiated resolution

No mechanism exists to automatically remove a president upon conviction.

Can a president run from prison?

Yes, as Eugene Debs demonstrated in 1920. There is no constitutional prohibition against it.

Can a felon get a security clearance?

Generally, no. However, the President is the ultimate classification authority and doesn’t require a security clearance to access classified information. The President’s access comes from the office itself, not from a background investigation.

Do other countries allow convicted criminals to run for office?

Many democracies have explicit bars on convicted criminals running for office. The United States is relatively unusual in having no such explicit constitutional prohibition.

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Summary

The question of whether a convicted felon can run for and serve as President has been definitively answered by the 2024 election:

• The Constitution sets only three requirements: age (35+), natural-born citizenship, and 14 years of residency
• Criminal convictions do not disqualify a candidate
• The 14th Amendment’s insurrection clause requires Congressional enforcement, per the Supreme Court
• A convicted felon can legally run for, win, and serve as President
• The voters, not the courts, ultimately decide whether a candidate’s legal issues disqualify them

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Sources and Legal References

Source	Description
U.S. Constitution, Article II	Presidential eligibility requirements
14th Amendment, Section 3	Insurrection disqualification clause
Trump v. Anderson (2024)	Supreme Court ruling on ballot disqualification
DOJ OLC Memo (2000)	Policy on prosecuting sitting presidents
NCSL Felon Voting Rights	State-by-state voting rights restoration

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Disclaimer: This article is for educational purposes and does not constitute legal advice. Constitutional law involves complex interpretation, and specific situations may require consultation with qualified legal professionals.

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