Rule 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 shall be admitted if elicited from the witness or, if denied by the witness, if established by extrinsic evidence, but only if the crime: (1) Involved untruthfulness or falsification regardless of the punishment, unless the court determines that the probative value of admitting this evidence is substantially outweighed by the danger of unfair prejudice. This subsection (1) applies only to those crimes whose statutory elements necessarily involve untruthfulness or falsification; or (2) Was a felony conviction under the law of Vermont or was punishable by death or imprisonment in excess of one year under the law of another jurisdiction, under which the witness was convicted, and the court determines that the probative value of this evidence substantially outweighs its prejudicial effect. The court shall articulate on the record the factors considered in making its determination.
(b) Time limit. Evidence of a conviction under this rule is not admissible if a period of more than 15 years has elapsed since the date of the conviction. (c) Effect of pardon, annulment, certificate of rehabilitation, or appeal. Evidence of a conviction is not admissible under this rule if (1) the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted, and that person has not been convicted of a subsequent crime which was punishable by death or imprisonment in excess of one year; or (2) the conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence; or (3) the conviction is the subject of a pending appeal. (d) Juvenile adjudications. Evidence of juvenile adjudications is generally not admissible under this rule. The court may, however, in a criminal case allow evidence of a juvenile adjudication of a witness other than the accused if conviction of the offense would be admissible to attack the credibility of an adult and the court is satisfied that admission in evidence is necessary for fair determination of the issue of guilt or innocence. Amended Dec. 8, 1988, eff. 3/1/1989.