Download as PDF
Rule 609 Impeachment by evidence of conviction of crime
(a)
(b)
(c)
General rule. For the purpose of reflecting upon the credibility of a witness,
evidence that the witness has been convicted of a crime shall be admitted if
elicited from the witness or established by public record if denied by the
witness, but only if the crime was punishable by death or imprisonment for one
(1) year or more under the law under which the witness was convicted. The
identity of the crime upon which conviction was based may not be disclosed
upon cross-examination unless the witness has denied the existence of the
conviction. However, a witness against whom a conviction is admitted under
this provision may choose to disclose the identity of the crime upon which the
conviction is based.
Time limit. Evidence of a conviction under this rule is not admissible if a period
of more than ten (10) years has elapsed since the date of the conviction unless
the court determines that the probative value of the conviction substantially
outweighs its prejudicial effect.
Effect of pardon, annulment, or certificate of rehabilitation. Evidence of a
conviction is not admissible under this rule if the conviction has been the
subject of a pardon, annulment, or other equivalent procedure based on a
finding of innocence.
Effective:July 1, 1992
History: Enacted 1990 Ky. Acts ch. 88, sec. 42; amended 1992 Ky. Acts ch. 324,
sec. 15; renumbered (7/1/92) pursuant to 1992 Ky. Acts ch. 324, sec. 34.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
