Rule 5.609 - Impeachment by evidence of a criminal convictiona. In general. The following apply to attacking a witness's character for truthfulness by evidence of a criminal conviction: (1)For a crime that in the convicting jurisdiction was punishable by death or by imprisonment for more than one year, the evidence:(A) Must be admitted, subject to rule 5.403, in a civil case or in a criminal case in which the witness is not a defendant. (B) Must be admitted in a criminal case in which the witness is a defendant, if the probative value of the evidence outweighs its prejudicial effect to that defendant.(2)For any crime regardless of the punishment, the evidence must be admitted if the crime involved dishonesty or false statement.b.Limit on using the evidence after ten years. This subdivision (b) applies if more than ten 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 circumstances, 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 opportunity to contest its use.c.Effect of pardon, annulment, or certificate of rehabilitation. Evidence of a conviction is not admissible if:(1) The conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding that the person has been rehabilitated, and the person has not been convicted of a later crime punishable by death or by imprisonment for more than 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 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 defendant; (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 pendency of the appeal is also admissible.Report 1983; Court Order December 7, 1995, effective March 1, 1996; November 9, 2001, effective February 15, 2002; amended September 28, 2016, effective 1/1/2017.