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Article VI. Witnesses

Rule 609. Impeachment by Evidence of a Criminal Conviction

Effective January 1, 2014

See Rule 609 on the heat map

(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.

Opinions in this dataset that cite Rule 609

2 opinions in the dataset cite this rule, reversals first. Matched from each opinion’s coded issue, not from a reading of the opinion.

Reporter citations are as supplied and unverified; the official opinion link is the source of record.

Source: the Indiana Rules of Evidence, reproduced for browsing. Rule text as supplied, including the amendment to Rule 103(b) effective July 1, 2026 (Order, Cause No. 26S-MS-8); other rules carry their own effective dates. This is an unofficial copy; check the official text before relying on it. Not legal advice.