Rule 609 - Impeachment by Evidence of a Criminal Conviction(a) In General. This rule applies to attacking a witness's character for truthfulness by evidence of a criminal conviction. The evidence is admissible if it has, during cross-examination, been elicited from the witness or established by public record and the following conditions are also met: (1) the crime contained an element of dishonesty or false statement; or(2) the crime contained an element of theft; and(A) in the convicting jurisdiction, the crime was punishable by imprisonment for more than one year or By death; and(B) the court determines that the evidence has significant probative value on character for truthfulness and - if the witness is the defendant in a criminal trial - that the probative value outweighs any prejudicial effect.(b) Determining Probative Value and Prejudicial Effect. In determining probative value, the court must consider only the age of the conviction and the degree to which it indicates character for truthfulness. If a determination of prejudicial effect is required, the court must consider only the conviction's similarity to the charged offense and the possible effects on the decisional process if admitting the evidence causes the defendant to elect not to testify. The court must articulate, on the record, the analysis of each factor.(c) Time Limit. Evidence of a conviction under this rule is not admissible if more than ten years have passed since the date of the conviction or of the witness's release from the confinement for it, whichever is later.(d) Effect of a Pardon, Annulment, or Certificate of Rehabilitation. Evidence of a conviction is not admissible if:(1) the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding that the person has been rehabilitated, and the person has not been convicted of a later crime punishable by death or imprisonment for more than one year; or(2) the conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.(e) Juvenile Adjudications. Evidence of a juvenile adjudication is admissible under this rule if it is offered in a later case against that same child in the family division of circuit court. Otherwise, the evidence is admissible only if: (1) it is offered in a criminal case or In a juvenile proceeding against the child;(2) the adjudication was of a witness other than the child; (3) an adult's conviction for that offense would be admissible to attack the adult's credibility; and(4) admitting the evidence is necessary to fairly determine the case or proceeding.(f) Pendency of an Appeal. A conviction that satisfies this rule is admissible even if an appeal is pending. Evidence of the pendency is also admissible.Amended September 20, 2023, effective 1/1/2024.