Under Rule 609(a)(2), when is a conviction admissible after ten years?

Under Rule 609(a)(2), when is a conviction admissible after ten years?

• A. The conviction's probative value substantially outweighs its prejudicial effect.
• B. The conviction is for a minor offense.
• C. The witness is not testifying.
• D. The case is civil.

Answer: (A)

After ten years, a prior conviction can still be admitted to impeach a witness only if its probative value substantially outweighs the prejudicial effect. This balancing test limits the use of old convictions by weighing how important the conviction is to truthfulness against the danger the jury will be unduly swayed by a distant past lapse. The rule also typically requires advance notice of intent to use the conviction. In practice, a stale conviction isn’t automatically excluded or admitted; it depends on whether the court finds the credibility relevance strong enough to overcome potential prejudice.

After ten years, a prior conviction can still be admitted to impeach a witness only if its probative value substantially outweighs the prejudicial effect. This balancing test limits the use of old convictions by weighing how important the conviction is to truthfulness against the danger the jury will be unduly swayed by a distant past lapse. The rule also typically requires advance notice of intent to use the conviction. In practice, a stale conviction isn’t automatically excluded or admitted; it depends on whether the court finds the credibility relevance strong enough to overcome potential prejudice.