Prior Conviction Impeachment

Prior Conviction Impeachment

Prior Conviction Impeachment

Rule 609 admits felony convictions subject to Rule 403 balancing for ordinary witnesses, and admits convictions involving dishonest acts or false statement without balancing. Convictions older than ten years face a reverse balancing test.

Only the conviction, not underlying conduct, is admissible.

Alternative Names:

Conviction Impeachment|Rule 609

Why it Matters?

Crimes of dishonesty are admissible without any balancing, which makes classification the threshold question and one courts have narrowed to convictions whose elements require deceit rather than any offense involving deception. For other felonies, the ten-year limit measured from conviction or release is a hard boundary beyond which admission requires substantially outweighing probative value. Inquiry is confined to the fact, nature, and date.

Frequently asked questions

Which convictions avoid balancing entirely?

Which convictions avoid balancing entirely?

Those whose elements require a dishonest act or false statement, which courts have narrowed to elements requiring deceit.

What may be asked?

What may be asked?

The fact, nature, and date of the conviction, not the underlying conduct or circumstances.