Rule 609. Impeachment by Evidence of Conviction of Crime

(a) General rule. For the purpose of attacking the credibility of a witness,
evidence that the witness has been convicted of a crime shall be admitted if
elicited from the witness or established by public record, if the court determines
that the probative value of admitting this evidence outweighs its prejudicial
effect, and if the crime (1) was punishable by death or imprisonment in excess of
one year under the law under which the witness was convicted or (2) involved
dishonesty or false statement, regardless of the punishment.

(b) Time limit. Evidence of a conviction under this rule is not admissible if a
period of more than ten years has elapsed since the date of the conviction or of
the release of the witness from the confinement imposed for that conviction,
whichever is the later date, unless the court determines, in the interests of
justice, that the probative value of the conviction supported by specific facts
and circumstances substantially outweighs its prejudicial effect. However,
evidence of a conviction more than ten years old as calculated herein, is not
admissible unless the proponent gives to the adverse party sufficient advance
written notice of intent to use such evidence to provide the adverse party with a
fair opportunity to contest the use of such evidence.
 

(c) Effect of pardon, annulment, or certificate of rehabilitation. Evidence of a
conviction is not admissible under this rule if (1) the conviction has been the
subject of a pardon, annulment, certificate of rehabilitation, or other equivalent
procedure based on a finding of the rehabilitation of the person convicted and
that person has not been convicted of a subsequent crime which was punishable by
death or imprisonment in excess of one year, or (2) the conviction has been the
subject of a pardon, annulment, or other equivalent procedure based on a finding
of innocence.

(d) Juvenile adjudications. Evidence of juvenile adjudication is generally not
admissible under this rule. The court may, however, in a criminal case allow
evidence of a juvenile adjudication of a witness other than the accused if
conviction of the offense would be admissible to attack the credibility of an
adult and the court is satisfied that admission in evidence is necessary for a
fair determination of the issue of guilt or innocence.

(e) Pendency of appeal. The pendency of an appeal therefrom does not render
evidence of a conviction inadmissible. Evidence of the pendency of an appeal is
admissible.

Navigation