N.J.R.E. 609

As amended through April 2, 2024
Rule 609 - Impeachment by Evidence of Conviction of Crime
(a) In General.
(1) For the purpose of attacking the credibility of any witness, the witness' conviction of a crime, subject to Rule 403, shall be admitted unless excluded by the court pursuant to paragraph (b) of this rule.
(2)
(A) Except as provided in subparagraph (a)(2)(B) of this Rule. such conviction may be proved by examination, production of the record thereof, or by other competent evidence.
(B) In a criminal proceeding when the defendant is the witness, and
(i) the prior conviction is the same or similar to one of the offenses charged, or
(ii) the court determines that admitting the nature of the offense poses a risk of undue prejudice to a defendant, the prosecution may only introduce evidence of the defendants prior convictions limited to the degree of the crimes, the dates of the convictions, and the sentences imposed, excluding any evidence of the specific crimes of which defendant was convicted, unless the defendant waives any objection to the non-sanitized form of the evidence.
(b) Use of Prior Conviction Evidence After Ten Years.
(1) If, on the date the trial begins, more than ten years have passed since the witness' conviction for a crime or release from confinement for it, whichever is later, then evidence of the conviction is admissible only if the court determines that its probative value outweighs its prejudicial effect, with the proponent of that evidence having the burden of proof.
(2) In determining whether the evidence of a conviction is admissible under subparagraph (b)(1) of this rule, the court may consider:
(i) whether there are intervening convictions for crimes or offenses, and if so, the number, nature, and seriousness of those crimes or offenses,
(ii) whether the conviction involved a crime of dishonesty, lack of veracity or fraud,
(iii) how remote the conviction is in time,
(iv) the seriousness of the crime.

N.J.R.E. 609

Adopted September 15, 1992 to be effective 7/1/1993; text amended and designated as paragraph (a), paragraph (a) caption added, new paragraph (b) caption and text added September 16,2013 to be effective 7/1/2014: paragraphs (a) and (b) amended September 16, 2019, effective 7/1/2020.