{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-2609","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-2609","heading":"Impeachment by evidence of conviction of crime","body":"A. For the purpose of attacking the credibility of a witness:\n\n1. Evidence that a witness other than an accused has been\n\nconvicted of a crime shall be admitted, subject to Section 2403 of\n\nthis title, if the crime was punishable by death or imprisonment in\n\nexcess of one (1) year pursuant to the law under which the witness\n\nwas convicted, and evidence that an accused has been convicted of\n\nsuch a crime shall be admitted if the court determines that the\n\nprobative value of admitting this evidence outweighs its prejudicial\n\neffect to the accused; and\n\n2. Evidence that any witness has been convicted of a crime\n\nshall be admitted if it involved dishonesty or false statement,\n\nregardless of the punishment.\n\nB. Evidence of a conviction under this section is not\n\nadmissible if a period of more than ten (10) years has elapsed since\n\nthe date of the conviction or of the release of the witness from the\n\nconfinement imposed for that conviction, whichever is later, to the\n\ndate of the witness’s testimony, unless the court determines, in the\n\ninterests of justice, that the probative value of the conviction\n\nsupported by specific facts and circumstances substantially\n\noutweighs its prejudicial effect. However, if the witness is a\n\ndefendant currently charged with a sexual offense involving a child,\n\ntestifying at a criminal proceeding regarding the current charge of\n\nthe defendant and has a prior conviction for a sexual offense\n\ninvolving a child, the conviction of the prior sexual offense\n\ninvolving a child is admissible for the purpose of impeachment of\n\nthe defendant regardless of the age of the prior conviction.\n\nEvidence of a conviction more than ten (10) years old, as calculated\n\nherein, is not admissible unless the proponent gives to the adverse\n\nparty sufficient advance written notice of intent to use such\n\nevidence to provide the adverse party with a fair opportunity to\n\ncontest the use of such evidence or unless, during the ten-year\n\nperiod, the witness has been convicted of a subsequent crime which\n\nis a misdemeanor involving moral turpitude or a felony.\n\nC. Evidence of a conviction is not admissible under this Code\n\nif:\n\n1. The conviction has been the subject of a pardon, annulment,\n\ncertificate of rehabilitation or other equivalent procedure based on\n\na finding of the rehabilitation of the person convicted, and that\n\nperson has not been convicted of a subsequent crime which was\n\npunishable by death or imprisonment in excess of one (1) year; or\n\n2. The conviction has been the subject of a pardon, annulment\n\nor other equivalent procedure based on a finding of innocence.\n\nD. Evidence of juvenile adjudications is not admissible under\n\nthis Code. The court in a criminal case may, however, allow\n\nevidence of a juvenile adjudication of a witness other than the\n\naccused if conviction of the offense would be admissible to attack\n\nthe credibility of an adult and the court is satisfied that\n\nadmission in evidence is necessary for a fair determination of the\n\nissue of guilt or innocence.\n\nE. The pendency of an appeal from the conviction does not\n\nrender evidence of that conviction inadmissible. Evidence of the\n\npendency of an appeal is admissible.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"be36fb8eab18cbfd48901c0a52fa59284eae7bddd0e0880f928611c974b7bafb","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-2608","next":"us-ok/okla.-stat.-tit.-12-12-2610"},"notice":"GroundRules: Original legal text. Not legal advice."}