Ind. Evidence Rule 609

Conviction

Effective January 1, 2014

(a) General Rule.

For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime or an attempt of a crime must be admitted but only if the crime committed or

attempted is (1) murder, treason, rape, robbery, kidnapping, burglary, arson, or criminal confinement; or (2) a crime involving dishonesty or false statement, including perjury.

(b) Limit on Using the Evidence After 10 Years.

This subdivision (b) applies if more than ten (10) years have passed since the witness's conviction

or release from confinement for it, whichever is later. Evidence of the conviction is admissible only

if:

(1) its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect; and

(2) the proponent gives an adverse party reasonable written notice of the intent to use it so

that the party has a fair opportunity to contest its use.

(c) 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 by imprisonment for more

than one (1) year; or

(2) the conviction has been the subject of a pardon, annulment, or other equivalent procedure

based on a finding of innocence.

(d) Juvenile Adjudications.

Evidence of a juvenile adjudication is admissible under this rule only if:

(1) it is offered in a criminal case;

(2) the adjudication was of a witness other than the defendant;

(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 guilt or innocence.

(e) 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.