Donald John Trump · criminal prosecution · election law · presidential immunity
Was Donald Trump convicted of falsifying business records in New York, and what is the status of his appeal?
A New York County jury found Donald Trump guilty on all 34 counts of falsifying business records in the first degree on 30 May 2024. On 10 January 2025 Justice Juan Merchan imposed an unconditional discharge, which leaves the conviction in place with no prison, fine or conditions. Trump denies the charges. As of 30 October 2026 his appeal to the Appellate Division, First Department was pending, and a federal judge had for a third time refused to move the case to federal court on 28 August 2026.
Last verified 30 October 2026. United States · New York
The record at a glance
| What was alleged? | The Manhattan District Attorney alleged that Trump falsified New York business records to conceal damaging information and unlawful activity from voters around the 2016 election, including by recording as legal expenses the reimbursements to his former lawyer for a $130,000 payment to an adult film actress.1 |
|---|---|
| Who made the claim? | Manhattan District Attorney's Office, 4 April 2023 |
| How did Donald Trump respond? | Trump's position is that he is innocent and that the prosecution was politically motivated. His appeal argues the trial was tainted by evidence of official presidential acts, that the trial judge should have recused himself and that the legal theory was flawed. His legal team called the August 2026 federal ruling baseless and said he would appeal.2,3,4 (the subject's position) |
| Was there an official finding? | A jury found Trump guilty on all 34 counts of falsifying business records in the first degree on 30 May 2024.5 On 10 January 2025 the court sentenced him to an unconditional discharge, so the conviction was entered without prison, fine or conditions.2 The US Supreme Court denied a stay of sentencing on 9 January 2025.7 |
| Was liability determined? | Yes, liability was determined. Convicted on 34 felony counts by jury verdict, with judgment entered on 10 January 2025 through a sentence of unconditional discharge. The direct appeal to the Appellate Division, First Department is pending and no appellate court has vacated the conviction.2,5,12 |
| What changed later? | As of 30 October 2026 the 34-count conviction stands with a sentence of unconditional discharge, the state appeal is pending in the Appellate Division, First Department, and federal removal was denied for a third time on 28 August 2026.4,10,12 |
| When was this checked? | 30 October 2026 |
What was alleged?
The Manhattan District Attorney alleged that Trump falsified New York business records to conceal damaging information and unlawful activity from voters around the 2016 election, including by recording as legal expenses the reimbursements to his former lawyer for a $130,000 payment to an adult film actress.1
Made by Manhattan District Attorney's Office on 4 April 2023.
What did Donald Trump say?
Trump's position is that he is innocent and that the prosecution was politically motivated. His appeal argues the trial was tainted by evidence of official presidential acts, that the trial judge should have recused himself and that the legal theory was flawed. His legal team called the August 2026 federal ruling baseless and said he would appeal.2,3,4
"The fact is, I'm totally innocent."
Donald Trump, at sentencing by video link (reported by PBS NewsHour), 10 January 2025. This is the subject's own account, not a finding.
What do independent records show?
34-count indictment, People v. Donald J. Trump, Indictment No. 71543-23
Manhattan District Attorney's Office, 4 April 2023
Charged 34 counts of falsifying business records in the first degree, a class E felony. The release stated the charges were allegations and the defendant was presumed innocent.1
Jury verdict, People v. Trump
Supreme Court of the State of New York, New York County (jury), 30 May 2024
The jury found Trump guilty on all 34 counts.5
Decision and Order, People v. Donald J. Trump, Indictment No. 71543-23, Justice Juan M. Merchan
Supreme Court of the State of New York, New York County, 16 December 2024
Denied Trump's motion under CPL 330.30(1) to dismiss the indictment and vacate the jury verdict on presidential immunity grounds, finding that any error in admitting the disputed evidence was harmless.6
Order in Trump v. New York, No. 24A666
Supreme Court of the United States, 9 January 2025
Application for a stay of sentencing denied. Justices Thomas, Alito, Gorsuch and Kavanaugh would have granted it.7
Sentence, People v. Trump
Supreme Court of the State of New York, New York County, 10 January 2025
Justice Merchan imposed an unconditional discharge on all 34 counts, with no imprisonment, fine or conditions.2
Appellant's brief, People v. Trump
Appellate Division, First Department, 27 October 2025
Trump's lawyers asked the appellate court to overturn the conviction, arguing official-act evidence, recusal and the legal theory of the charges.3
Per curiam opinion in New York v. Trump, No. 24-2299-cv (Judges Lohier, Carney and Perez), argued 11 June 2025
US Court of Appeals for the Second Circuit, 6 November 2025
Vacated the district court's order denying leave to file a second notice of removal and remanded for reconsideration. The panel held that the district court erred in relying on the Rooker-Feldman doctrine and had not adequately considered whether trial evidence related to immunized official acts or whether Trump acted diligently. It expressed no view on the outcome and did not order removal.8,9
Decision on renewed notice of removal, No. 1:23-cv-03773
US District Court for the Southern District of New York, 28 August 2026
Judge Hellerstein again denied removal to federal court, finding the reasons given 'neither new nor legally sufficient' and that Trump had not shown good cause and diligence.4,10,11
What was established?
- A jury found Trump guilty on all 34 counts of falsifying business records in the first degree on 30 May 2024.5
- On 10 January 2025 the court sentenced him to an unconditional discharge, so the conviction was entered without prison, fine or conditions.2
- The US Supreme Court denied a stay of sentencing on 9 January 2025.7
Distinctions that matter here
- An unconditional discharge is a sentence. It follows a conviction and does not erase it.
- A state conviction cannot be pardoned by the President. Only an appellate reversal or vacatur would remove it.
- Removal to federal court would move the case to a federal forum. It is not itself a ruling on guilt.
Was liability determined?
Yes, liability was determined. Convicted on 34 felony counts by jury verdict, with judgment entered on 10 January 2025 through a sentence of unconditional discharge. The direct appeal to the Appellate Division, First Department is pending and no appellate court has vacated the conviction.2,5,12
What remains unresolved?
- The Appellate Division, First Department had not decided the appeal as of 30 October 2026. The Manhattan District Attorney filed its opposing brief in July 2026.
- Trump's legal team said it would appeal the 28 August 2026 removal ruling. Whether a new Second Circuit appeal has been docketed was not confirmed.
What is the current status?
As of 30 October 2026 the 34-count conviction stands with a sentence of unconditional discharge, the state appeal is pending in the Appellate Division, First Department, and federal removal was denied for a third time on 28 August 2026.4,10,12
As of 30 October 2026. No next proceeding is scheduled in the records we found.
Timeline
- 34-count indictment unsealed.1
- Jury returns guilty verdicts on all 34 counts.5
- US Supreme Court denies a stay of sentencing.7
- Sentence of unconditional discharge imposed.2
- Trump files his appellate brief in the Appellate Division, First Department.3
- Second Circuit sends the federal removal question back to the district court for reconsideration.8,9
- Judge Hellerstein hears argument on removal without ruling.13
- Manhattan District Attorney files its brief opposing the appeal.12
- Judge Hellerstein denies removal for a third time.4,10
Sources
- Manhattan District Attorney's Office, District Attorney Bragg Announces 34-Count Felony Indictment of Former President Donald J. Trump, 4 April 2023 · document record Government, parliamentary or audit document
- PBS NewsHour, Trump was sentenced to an unconditional discharge in his hush money conviction. Here's what that means (The Conversation), 10 January 2025 Independent reporting
- ABC7 New York (ABC News), Trump formally appeals his New York hush money conviction, 28 October 2025 Independent reporting
- NY1, Trump loses again in bid to erase NY hush money conviction (Associated Press and Spectrum News), 28 August 2026 Independent reporting
- Manhattan District Attorney's Office, D.A. Bragg Announces 34-Count Felony Trial Conviction of Donald J. Trump, 30 May 2024 · document record Government, parliamentary or audit document
- Supreme Court of the State of New York, New York County (text hosted by FindLaw), People v. Trump, Decision and Order of 16 December 2024 (Indictment No. 71543-23), 16 December 2024 · document record Court, legislation, official register or regulator record
- Supreme Court of the United States, Docket No. 24A666, Donald J. Trump, Applicant v. New York, et al., 9 January 2025 · document record Court, legislation, official register or regulator record
- Justia (reproducing Second Circuit opinion), New York v. Trump, No. 24-2299-cv (2d Cir. 6 November 2025), per curiam opinion, 6 November 2025 · document record Court, legislation, official register or regulator record
- ABC7 New York (ABC News), Appeals court revives Trump's effort to remove hush money case to federal court, 6 November 2025 Independent reporting
- Al Jazeera, US judge rejects Trump's bid to switch hush-money case to federal court, 29 August 2026 Independent reporting
- ABC7 New York, President Donald Trump loses again in bid to erase hush money conviction (Associated Press), 28 August 2026 Independent reporting
- ABC News, Manhattan DA challenges Trump's appeal of his 2024 hush money conviction, 29 July 2026 Independent reporting
- Good Morning America, Judge appears skeptical of moving Trump's New York hush money conviction (ABC News), 4 February 2026 Independent reporting
Revision history
- 30 October 2026: First published after source verification.
Related: Donald John Trump, criminal prosecution, election law, presidential immunity, United States, New York. To submit a document or request a correction, see right of reply.