Trump can still vote after hush money case sentencing, but cannot own a gun

10 January 2025, 16:54

Donald Trump on video
Trump Hush Money. Picture: PA

How else will his unconditional discharge affect the US president-elect?

President-elect Donald Trump does not have to go to jail, pay a fine or perform community service as a result of his New York hush money conviction.

A judge ended the case on Friday with a sentence of an unconditional discharge, closing the case with no punishment.

But unless the conviction for falsifying business records is one day overturned, Mr Trump will have felonies on his criminal record, which will affect some of his rights.

Here are some of the potential impacts and some things that will not change:

– Can he still vote?

Mr Trump is registered to vote in Florida and he will be able to vote there.

Florida does bar people convicted of felonies from voting, but restores their right to vote after they have completed their sentence. People convicted of murder or a sex offence lose their right to vote permanently unless their rights are restored by a clemency board.

For people convicted of felonies in other states — like Mr Trump — Florida makes a person ineligible to vote only if they lost their voting rights in the state where they were convicted. New York does not let a person convicted of a felony vote while they are incarcerated, but restores voting rights once that person is released.

– Can he own a gun?

No. Under federal law, people convicted of crimes are not allowed to possess firearms.

– Does he have to give a DNA sample?

By law, every person convicted of a felony in New York must provide a DNA sample for the state’s crime databank.

Samples are collected after sentencing, typically when a defendant reports to probation, jail or prison. Samples can also be taken by a court or police official.

It is a non-invasive process involving a swab along the inside of the cheek. State police analyse the cells and genetic material, creating a profile that is then entered into the databank.

There, technology takes over, performing automatic searches and comparing profiles of people convicted of crimes with profiles of DNA collected at crime scenes. Matches can be used to identify a suspect in an unsolved crime.

New York’s databank contains profiles for more than 720,000 offenders and is connected to the FBI’s Combined DNA Index System.

– Can Trump hold office with a conviction?

There is nothing in federal law that prevents a person from becoming president because they have been convicted of a crime.

State laws vary on whether a person with a criminal record can run for state and local offices. Some require a pardon or expungement to run for office. There are no such limits to run for federal office.

President-elect Donald Trump
President-elect Donald Trump will have to submit to a DNA collection (Jose Luis Magana/AP)

– Can he travel outside the US?

Yes. As president, Mr Trump will have a diplomatic passport enabling him to travel to foreign countries for official business and can also keep a regular, or tourist passport. People sentenced to incarceration or probation can have their passports denied or revoked, but that is not the case with Mr Trump.

Some countries restrict or reserve the right to prohibit visits from people with felony convictions, including Canada, the UK and Israel.

– Will this take away business opportunities?

Mr Trump’s conviction could bar him from holding alcohol licences, but that does not necessarily mean his golf courses and hotels will have to stop serving alcohol.

In New Jersey, for example, where Mr Trump owns three golf courses, state law prohibits anyone who has been convicted of a crime “involving moral turpitude”, from holding an alcohol licence.

But Mr Trump’s company has said his properties are all owned through corporate entities, and that he is not officer or director of any entity that holds any liquor licences.

Mr Trump’s conviction could also bar him from re-entering the casino business, if he wanted, because people with criminal records are typically unable to obtain gaming licences. Mr Trump once owned three casinos in Atlantic City, New Jersey, but no longer does.

– Can Trump get a pardon?

Only New York’s governor has the power to pardon Mr Trump for this conviction. Mr Trump’s case was tried in state court and involved violations of state law. Presidential pardons apply only to federal crimes.

It seems unlikely that Governor Kathy Hochul, a Democrat, would pardon Mr Trump. Asked last month if she would consider pardoning Mr Trump, she did not say yes or no, but noted that the pardon process requires several elements, including “remorse”.

Mr Trump says he did nothing wrong and has described the case against him as a “hoax” perpetrated by Democrats.

“No one will be treated any better, or any worse, by me when I make those life-altering decisions as we’re looking at petitions that are coming in throughout the year,” Ms Hochul said. “So, no one gets extra favours, no one gets treated worse.”

By Press Association

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