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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 12, § 12-2609: Impeachment by evidence of conviction of crime

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  1. OK Code
  2. Title 12

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.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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