Type of Conviction
Misdemeanor that did not
involve a dishonest act or false
statement
Crime pardoned or annulled
based on finding of innocence
Crime for which witness
obtained a pardon, annulment
or certificate of rehabilitation,
without finding of innocence,
but has not subsequent felony
conviction
Crime committed as a juvenile
Type of
Witness
Any
Any
Any
Felony OR misdemeanor
involving a dishonest act or
false statement that (a) was
committed as an adult and (b)
for which confinement ended
(or conviction occurred) ten
years ago or less
Automatically
EXCLUDE all of these
convictions. No balancing
test applies
Defendant in a
criminal case
or anyone in a
civil case
Anyone other
than the
defendant in a
criminal case
Crime (must be a felony) for
which witness was released
from confinement (or
convicted, if no confinement)
more than 10 years ago
Felony that did not involve
dishonest act or false
statement (within past 10
years)
Outcome
Any
Defendant in a
criminal case
Anyone other
than the
defendant in a
criminal case
Any
Admit in a criminal case IF
conviction would be
admissible against an adult
AND the evidence is
necessary to fairly
determine guilt or
innocence.
Exclude unless the
probative value
substantially outweighs
prejudicial effect (reverse
403)
Admit if probative value
outweighs prejudicial effect
to the defendant
Admit unless risk of
unfair prejudice
substantially
outweighs probative value
(403
analysis) ADMIT.
Automatically
No balancing test—not
even Rule 403—applies.