Rule 609 — Impeachment by Evidence of a Criminal Conviction

Fed. R. Evid. 609

• Source: Federal Rules of Evidence
• Rule: 609
• ARTICLE VI: WITNESSES
• Citation: Fed. R. Evid. 609

Text

(a) IN GENERAL. The following rules apply to attacking a
witness’s character for truthfulness by evidence of a criminal con-
viction:
(1) for a crime that, in the convicting jurisdiction, was pun-
ishable by death or by imprisonment for more than one year,
the evidence:
(A) must be admitted, subject to Rule 403, in a civil case
or in a criminal case in which the witness is not a defend-
ant; and
(B) must be admitted in a criminal case in which the
witness is a defendant, if the probative value of the evi-
dence outweighs its prejudicial effect to that defendant;
and

(2) for any crime regardless of the punishment, the evidence
must be admitted if the court can readily determine that es-
tablishing the elements of the crime required proving—or the
witness’s admitting—a dishonest act or false statement.
(b) LIMIT ON USING THE EVIDENCE AFTER 10 Years. This subdivi-
sion (b) applies if more than 10 years have passed since the
witness’s conviction or release from confinement for it, whichever
is later. Evidence of the conviction is admissible only if:
(1) its probative value, supported by specific facts and cir-
cumstances, substantially outweighs its prejudicial effect; and
(2) the proponent gives an adverse party reasonable written
notice of the intent to use it so that the party has a fair op-
portunity to contest its use.
(c) EFFECT OF A PARDON, ANNULMENT, OR CERTIFICATE OF REHA-
BILITATION. Evidence of a conviction is not admissible if:
(1) the conviction has been the subject of a pardon, annul-
ment, certificate of rehabilitation, or other equivalent proce-
dure based on a finding that the person has been rehabilitated,
and the person has not been convicted of a later crime punish-
able by death or by imprisonment for more than one year; or
(2) the conviction has been the subject of a pardon, annul-
ment, or other equivalent procedure based on a finding of in-
nocence.
(d) JUVENILE ADJUDICATIONS. Evidence of a juvenile adjudication
is admissible under this rule only if:
(1) it is offered in a criminal case;
(2) the adjudication was of a witness other than the defend-
ant;
(3) an adult’s conviction for that offense would be admissible
to attack the adult’s credibility; and
(4) admitting the evidence is necessary to fairly determine
guilt or innocence.
(e) PENDENCY OF AN APPEAL. A conviction that satisfies this rule
is admissible even if an appeal is pending. Evidence of the pend-
ency is also admissible.

Advisory Committee Notes

(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Jan. 26, 1990, eff. Dec. 1, 1990; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 26, 2011, eff. Dec. 1, 2011.)