§ 2609.Impeachment By Evidence of Conviction of Crime
Chapter 40: Oklahoma Evidence Code · Last amended July 1, 2004 · Last verified August 3, 2026
In one sentenceSection 2609 lets a witness be impeached with a felony conviction, balanced against prejudice for an accused, or any crime involving dishonesty or false statement, but excludes convictions older than ten years, pardoned or rehabilitated convictions, and most juvenile adjudications, subject to a special rule for prior child-sex-offense convictions.
A.For the purpose of attacking the credibility of a witness:
1.Evidence that a witness other than an accused has been convicted of a crime shall be admitted, subject to Section 2403 of this title, if the crime was punishable by death or imprisonment in excess of one (1) year pursuant to the law under which the witness was convicted, and evidence that an accused has been convicted of such a crime shall be admitted if the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to the accused; and
2.Evidence that any witness has been convicted of a crime shall be admitted if it involved dishonesty or false statement, regardless of the punishment.
B.Evidence of a conviction under this section is not admissible if a period of more than ten (10) years has elapsed since the date of the conviction or of the release of the witness from the confinement imposed for that conviction, whichever is later, to the date of the witness's testimony, unless the court determines, in the interests of justice, that the probative value of the conviction supported by specific facts and circumstances substantially outweighs its prejudicial effect. However, if the witness is a defendant currently charged with a sexual offense involving a child, testifying at a criminal proceeding regarding the current charge of the defendant and has a prior conviction for a sexual offense involving a child, the conviction of the prior sexual offense involving a child is admissible for the purpose of impeachment of the defendant regardless of the age of the prior conviction. Evidence of a conviction more than ten (10) years old, as calculated herein, is not admissible unless the proponent gives to the adverse party sufficient advance written notice of intent to use such evidence to provide the adverse party with a fair opportunity to contest the use of such evidence or unless, during the ten-year period, the witness has been convicted of a subsequent crime which is a misdemeanor involving moral turpitude or a felony.
C.Evidence of a conviction is not admissible under this Code 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 (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.Evidence of juvenile adjudications is not admissible under this Code. The court in a criminal case may, however, 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 a fair determination of the issue of guilt or innocence.
E.The pendency of an appeal from the conviction does not render evidence of that conviction inadmissible. Evidence of the pendency of an appeal is admissible.
Amendment History
Laws 1978, SB 276, c. 285, § 609, eff. 10/1/1978; Amended by Laws 1991, HB 1381, c. 62, § 4, eff.
9/1/1991; Amended by Laws 2000, HB 1881, c. 245, §1, eff. 11/1/2000; Amended by Laws 2002, HB 1939,
c. 468, §48, eff. 11/1/2002; Amended by Laws 2004, HB 2445, c. 275, §1, emerg. eff. 7/1/2004.
Plain-English Summary
Subsection A splits impeachment by conviction into two tracks. A conviction punishable by death or more than a year's imprisonment comes in against an ordinary witness, subject to the balancing rule in Section 2403; against an accused, the court must find its probative value outweighs the prejudice to the accused. A conviction involving dishonesty or a false statement comes in against any witness automatically, whatever the punishment.
Subsection B imposes a ten-year cutoff, running from the later of the conviction date or the release from confinement: past that point, the conviction is inadmissible unless the court finds, based on specific facts and circumstances, that its probative value substantially outweighs its prejudicial effect, and the proponent has given the adverse party advance written notice. That cutoff bends in one specific situation -- a defendant currently on trial for a sexual offense against a child, who has a prior conviction for a sexual offense against a child, can be impeached with that prior conviction no matter how old it is.
Subsections C through E round out the limits: convictions covered by a pardon or rehabilitation finding, without a later qualifying conviction, or by a pardon based on innocence, are inadmissible; juvenile adjudications are generally inadmissible, with a narrow carve-out letting a criminal court admit a non-accused witness's juvenile record if an adult conviction for the same conduct would be admissible and admission is necessary for a fair determination of guilt or innocence; and a pending appeal doesn't keep a conviction out, though the fact that an appeal is pending is itself admissible.
Frequently Asked Questions
Can any felony conviction be used to impeach a witness?
Convictions punishable by death or more than a year's imprisonment can, subject to Section 2403's balancing test for ordinary witnesses and a probative-value-outweighs-prejudice finding when the witness is the accused.
Does a conviction for lying or fraud always come in, regardless of the sentence?
Yes. Section 2609(A)(2) admits any conviction involving dishonesty or a false statement automatically, regardless of the punishment involved.
What's the ten-year rule for old convictions?
A conviction becomes presumptively inadmissible more than ten years after the conviction or the witness's release, whichever is later, unless the court finds its probative value substantially outweighs prejudice and the proponent gave advance written notice.
Is there an exception to the ten-year rule?
Yes. A defendant currently charged with a sexual offense against a child, who has a prior conviction for a sexual offense against a child, can be impeached with that conviction regardless of its age.
Can juvenile adjudications be used to impeach a witness?
Generally no, but a criminal court may allow a non-accused witness's juvenile adjudication if an adult conviction for the same offense would be admissible and it's necessary for a fair determination of guilt or innocence.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as:impeachment by prior conviction oklahomaFRE 609 oklahomaten year rule prior conviction witness12 O.S. § 2609