Under Rule 609(b), when is a prior conviction not admissible due to pardon, rehabilitation, or innocence findings?

• A. Conviction pardoned/rehabilitated or innocence finding
• B. The witness later commits a crime
• C. The witness never testified
• D. The crime occurred out of state

Answer: (A)

Pardons, rehabilitation, or an innocence finding stop a prior conviction from being used to impeach a witness. If a conviction has been pardoned, the witness has demonstrated rehabilitation, or there has been a formal innocence finding, the rule says the prior conviction is not admissible for impeachment. These post-conviction actions signal that the conviction should not carry forward as impeachment evidence, regardless of how long ago it occurred. The other scenarios described—later committing a crime, never testifying, or the crime being out of state—do not trigger that specific exception, so they don’t automatically render the prior conviction non-admissible under this rule.