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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) Generally. A party may seek to impeach the credibility of a witness by means of the court record of the witness's conviction or a certified copy, but may not make reference to the sentence that was imposed, subject to Section 403 and the following requirements:
(1)Misdemeanor. A misdemeanor conviction cannot be used after five years from the date on which sentence was imposed, unless the witness has subsequently been convicted of a crime within five years of the time of the testimony.
(2)Felony Conviction Not Resulting in Committed State Prison Sentence. A felony conviction where no sentence was imposed, a sentence was imposed and suspended, a fine was imposed, or a sentence to a jail or house of correction was imposed cannot be used after ten years from the date of conviction (where no sentence was imposed) or from the date of sentencing, unless the witness has subsequently been convicted of a crime within ten years of the time of the testimony. For the purpose of this paragraph, a plea of guilty or a finding or verdict of guilty shall constitute a conviction within the meaning of this section.
(3)Felony with State Prison Sentence Imposed. A felony conviction where a sentence to a State prison was imposed cannot be used after ten years from the date of expiration of the minimum term of imprisonment, unless the witness has subsequently been convicted of a crime within ten years of the time of the testimony.
(4)Traffic Violation. A traffic violation conviction where only a fine was imposed cannot be used unless the witness has been convicted of another crime or crimes within five years of the time of the testimony.
(5)Juvenile Adjudications of Delinquency or Youthful Offender. Adjudications of delinquency or youthful offender may be used in subsequent delinquency or criminal proceedings in the same manner and to the same extent as prior criminal convictions.
(b) Effect of Being a Fugitive. For the purpose of this section, any period during which the defendant was a fugitive from justice shall be excluded in determining time limitations under the provisions of this section.
Cite this article: FindLaw.com - Massachusetts Guide to Evidence 2025 Edition MA R EVID § 609 - last updated January 01, 2025 | https://codes.findlaw.com/ma/massachusetts-guide-to-evidence-2025-edition/ma-r-evid-sect-609/
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