AK · rules
Alaska R. Evid. 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 crime is only admissible if the crime involved
dishonesty or false statement.
(b) Time Limit. Evidence of a conviction under this rule
is inadmissible if a period of more than five years has elapsed
since the date of the conviction. The court may, however,
allow evidence of the conviction of the witness other than the
accused in a criminal case after more than five years have
elapsed if the court is satisfied that admission in evidence is
necessary for a fair determination of the case.
(c) Admissibility. Before a witness may be impeached
by evidence of a prior conviction, the court shall be advised of
the existence of the conviction and shall rule if the witness
may be impeached by proof of the conviction by weighing its
probative value against its prejudicial effect.
(d) Effect of Pardon, Annulment, or Certificate of
Rehabilitation. Evidence of a conviction is inadmissible under
this rule if:
(1) The conviction has been the subject of a pardon,
annulment, certificate of rehabilitation, or other equivalent
procedure, and
(2) The procedure under which the same was granted or
issued required a substantial showing of rehabilitation or was
based on innocence.
(e) Juvenile Adjudications. The court may allow
evidence of the juvenile adjudication of a witness if conviction
of the offense would be admissible to attack the credibility of
an adult and the court is satisfied that admission in evidence
would substantially assist in determining the credibility of the
witness.
(f) 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.
History
(Added by SCO 364 effective August 1, 1979; amended by SCO 1153 effective July 15, 1994)
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
12d0b29fb55d2cc0a4de21156ff6f7f02815382f1123b6a419178217f5488f87
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