Also known as:prior convictions of crime · prior conviction · prior convictions · previous conviction · prior criminal conviction
Written by attorneys · grounded in primary & secondary sources — see below
An adjudication of guilt in a prior criminal proceeding that may be offered to impeach a witness's character for truthfulness or to establish an element of an offense. The conviction is admissible only when its probative value is not substantially outweighed by the danger of unfair prejudice and when it satisfies requirements concerning remoteness, rehabilitation, or dishonesty.
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Cases
Model Codes
Course Outlines
How it applies
Common Examples
6
Stipulation Offer in Felon-in-Possession Case
Philip Powell was charged with being a felon in possession of a firearm. He offered to stipulate that he had a prior felony conviction so the jury would learn only his status. The government refused and sought to introduce the full record naming the prior offense. The court excluded the details because the risk of unfair prejudice substantially outweighed any remaining probative value once the stipulation removed the need for the name and nature of the conviction.
Defendant Introduces Own Prior Conviction
Patricia Patel moved to exclude evidence of her prior theft conviction that the government planned to use for impeachment. After the court denied the motion, she introduced the conviction herself during direct examination to reduce its sting. On appeal she could not claim error in the admission because her preemptive introduction forfeited review of the ruling.
Impeachment After Rehabilitation Certificate
Portia Price testified as a defense witness in a civil copyright suit. Five years earlier she had received a certificate of rehabilitation that vacated her burglary conviction. The opposing party sought to introduce the conviction for impeachment. The court excluded it because the rehabilitation finding and absence of a later qualifying conviction barred admission under the governing rule.
Pardoned Conviction with Later Crime
Patrick Phan was called as a witness in a contract dispute. Eight years earlier he had been pardoned for bribery after completing a rehabilitation program, but two years later he was convicted of felony theft. The court admitted the pardoned conviction for impeachment because the subsequent felony conviction prevented the pardon from triggering exclusion.
Annulled Conviction Based on Innocence
Pamela Phillips testified in a criminal trial. Ten years earlier an environmental court had annulled her illegal-dumping conviction after laboratory evidence proved she had not participated. The prosecution sought to use the conviction for impeachment. The court excluded it because the annulment rested on a finding of innocence that categorically barred admission.
Motion in Limine on Prior Conviction
Pilar Pena faced trial on a new charge and filed a motion in limine to exclude her five-year-old felony conviction. The court denied the motion before she decided whether to testify. Because the ruling was conditional on her taking the stand, she could not obtain appellate review of the denial without actually testifying and suffering the impeachment.
Common questions
Frequently Asked
5
When may a prior conviction be excluded even if it involves dishonesty?+
A prior conviction involving dishonesty is admissible without balancing under Rule 609(a)(2). It remains subject to the rehabilitation and annulment bars in Rule 609(c) and the ten-year remoteness limit in Rule 609(b).
Does a certificate of rehabilitation automatically bar use of the conviction for impeachment?+
Yes, when the certificate is based on a finding of rehabilitation and the witness has no later conviction punishable by more than one year of imprisonment. The rule treats the rehabilitation determination as removing the conviction's probative value on credibility.
What happens when a defendant offers to stipulate to felon status in a possession prosecution?
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The government's refusal to accept the stipulation and introduction of the full prior conviction record may create unfair prejudice that substantially outweighs probative value under Rule 403. The name and nature of the prior offense are usually unnecessary once status is conceded.
May a defendant who introduces her own prior conviction later appeal its admission?+
No. When the defendant preemptively introduces the conviction on direct examination to lessen its impact, she forfeits appellate review of the trial court's denial of a motion to exclude the evidence.
How does a later conviction affect a prior pardoned conviction offered for impeachment?+
A pardon based on rehabilitation does not bar admission if the witness has a subsequent conviction punishable by more than one year of imprisonment. The later conviction defeats the rehabilitation exception and leaves the pardoned conviction available for impeachment.
and of the facts constituting the last larceny. . . . . . "[T]he former
convictions
are made to adhere to and constitute a portion of the aggravated offense." Id. , at 395. "The…
for violent felonies. Miller challenges the
conviction
and sentence on several grounds. We affirm. I In the early morning hours of March 18, 2012, a 911 dispatcher in Hamilton…
crime
s to which the questions might pertain, but declined to rest its decision on that basis. Id. , at 227-229, 187 A.…
or the like. See Spencer v. Texas , 385 U. S., at 561; cf. Michelson v. United States , 335 U. S. 469 (1948); but cf. Luck v. United States , 121 U. S. App. D. C. 151, 348 F. 2d 763…
EvidencePresentation of evidence · Impeachment, contradiction, and rehabilitationUBEIntermediate