(a) General rule.—For the purpose of attacking the credibility of a witness,
(1) evidence that a witness other than an accused has been convicted of a crime shall be admitted, subject to Rule 403, if the crime was punishable by death or imprisonment in excess of one year under the law under which the witness was convicted, and evidence that an accused has been convicted of such a crime shall be admitted if the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to the accused; and
(2) evidence that any witness has been convicted of a crime shall be admitted if it 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 10 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 adjudications 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.
(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Jan. 26, 1990, eff. Dec. 1, 1990.)
added in current removed in current
Compared to current version (2025).
(a) In General rule.-For the purpose of attacking the credibility of a witness,
(1) evidence that a witness other than an accused has been convicted of. The following rules apply to attacking a witness’s character for truthfulness by evidence of a criminal conviction:
(1) for a crime sthall be admitted, subject to Rule 403, if the crimet, in the convicting jurisdiction, was punishable by death or by imprisonment in excess of one year under the law under which the witness was convicted, and evidence that an accused has been convicted of such a crime shall be admitted if the court determines thatfor 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 defendant; and
(B) must be admitted in a criminal case in which the witness is a defendant, if the probative value of admitting thise evidence outweighs its prejudicial effect to the accused; and
(2) evidence thaat defendant; and
(2) for any crime regardless of the punishment, the evidence must be admitted if the court cany witness has been convicted readily determine that establishing the elements of athe crime shall be admitted if it involvedrequired proving-or the witness’s admitting-a dishonesty act or false statement, regardless of the punishment.
(b) TLime limit.-Evidence of a conviction under this rule is not admissible if a period oit on Using the Evidence After 10 Years. This subdivision (b) applies if more than ten10 years has elapve passed since the date of thewitness’s conviction or of the release of the witness from the confinement imposed for that convictionfrom confinement for it, whichever is the later date, unless the court determines, in the interests of justice, that the probative value of the conviction. Evidence of the conviction is admissible only if:
(1) its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect. However, evidence of a conviction more than 10 years old as calculated herein, is not admissible unless; and
(2) the proponent gives to thean adverse party sufficient advancreasonable written notice of the intent to use such evidence to provide the adversit so that the party withhas a fair opportunity to contest theits use of such evidence.
(c) Effect of pa Pardon, aAnnulment, or cCertificate of rReha - bilitation.- . Evidence of a conviction is not admissible under this rule if 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 convicthat the person has been rehabilitated, and thate person has not been convicted of a subsequent crime which waslater crime punishable by death or by imprisonment in excess offor 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 aAdjudications.- Evidence of a juvenile adjudications is generally not admissible under this rule. The court may, however, in a criminal case allow evidence of a juvenil only if:
(1) it is offered in a criminal case;
(2) the adjudication was of a witness other than the accused ifdefendant;
(3) an adult’s conviction ofor theat offense would be admissible to attack the adult’s credibility of an adult and the court is satisfied that admission in; and
(4) admitting the evidence is necessary for ato fairly determination of the issue ofe guilt or innocence.
(e) Pendency of an Appeal.-The pendency of an appeal therefrom does not render evidence of a conviction inadmissible A conviction that satisfies this rule is admissible even if an appeal is pending. Evidence of the pendency of an appeal isis also admissible.
(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.)