Rule 609. Impeachment by evidence of conviction of crime.
(a) General rule. - For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a felony, or of a Class A1, Class 1, or Class 2 misdemeanor, shall be admitted if elicited from the witness or established by public record during cross-examination or thereafter.
(b) Time limit. - Evidence of a conviction under this rule is not admissible if a period of more than 10 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. - Evidence of a conviction is not admissible under this rule if the conviction has been pardoned.
(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. (1983, c. 701, s. 1; 1999-79, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Rule 601 - General rule of competency; disqualification of witness.
Rule 602 - Lack of personal knowledge.
Rule 603 - Oath or affirmation.
Rule 605 - Competency of judge as witness.
Rule 606 - Competency of juror as witness.
Rule 608 - Evidence of character and conduct of witness.
Rule 609 - Impeachment by evidence of conviction of crime.
Rule 610 - Religious beliefs or opinions.
Rule 611 - Mode and order of interrogation and presentation.
Rule 612 - Writing or object used to refresh memory.
Rule 613 - Prior statements of witnesses.
Rule 614 - Calling and interrogation of witnesses by court.