Yes, you can be elected president if you’ve been charged with or convicted of a crime

Former President Donald Trump said he may be criminally charged in New York for allegedly making hush money payments to adult film actress Stormy Daniels, who claims she had an affair with him.

Trump launched his third campaign for presidency in November 2022. Following the news of Trump’s possible arrest, people online were searching what the requirements are to be president. “Trump arrest” was also trending on Google.

THE QUESTION

Can you be elected president if you’ve been charged with or convicted of a crime?

THE SOURCES

THE ANSWER

Yes, you can run for and serve as president if you’ve been charged with or convicted of a crime. 

WHAT WE FOUND

A person can run for or serve as president if they meet the qualifications outlined in the Constitution. 

There is no mention of criminal charges of any kind as disqualifying someone from running for or serving as president in the Constitution. 

Doron M. Kalir, a clinical professor of law at Cleveland-Marshall College of Law, confirmed to VERIFY that anyone charged or convicted of a crime could still sit in the Oval Office. A constitutional omission is the same thing as legal permission, he said. That means because the Constitution doesn’t say anything about a crime or conviction as part of the eligibility, it’s allowable.

He said at the time of America’s founding, the drafters of the Constitution likely didn’t consider an indictment or conviction as a factor for eligibility. 

“Accordingly, they left it to the voters to decide whether such a person deserves to lead them. That determination — to leave it to the voters — was left intact for over two centuries. I doubt it will be disturbed now,” Kalir told VERIFY. 

The Supreme Court has also upheld the constitutional eligibility requirements and prevented states from excluding anyone convicted of any charge from running for federal office, including the presidency. 

The only way to change the requirements for the presidency would be to amend the Constitution. According to the National Archives, Congress would have to pass the amendment by two-thirds majority vote in both the House of Representatives and the Senate. Or, a constitutional convention would have to be called by two-thirds of state legislatures. The last time a convention was called was in 1787.

While rare, there have been times a convicted felon has run for president. 

Joseph Maldonado, also known as Joe Exotic of “Tiger King” fame, announced his bid for a 2024 presidential run. He is currently serving a 21-year prison sentence.

In 1920, Eugene Debs ran for president after being convicted of espionage. He ran on the socialist ticket from a federal prison in Alabama.