Rule 609(b) addresses pardons and rehabilitation. When is a conviction not admissible due to pardon or innocence findings?

• A. The witness is under oath
• B. The conviction occurred out of state
• C. The defendant appealed
• D. Conviction pardoned/rehabilitated or innocence finding

Answer: (D)

Pardons and rehabilitation cut off the use of a prior conviction for impeachment. Under Rule 609(b), if a witness has been pardoned, granted a certificate of rehabilitation, or there has been an innocence finding, the conviction cannot be admitted to attack the person's credibility. This recognizes that official forgiveness or a finding of innocence restarts or cleanses the record for purposes of credibility.

So, the prior conviction is not admissible when the conviction has been pardoned, the person has a certificate of rehabilitation, or an innocence finding. The other options don’t address this restoration or innocence status and thus don’t explain why the conviction would be excluded.