§ 90.610, Fla. Stat. — Conviction of Certain Crimes as Impeachment
Plain English
This is how a witness’s criminal record gets used against their credibility — but only certain convictions, and only to attack believability. A party may impeach any witness (including an accused who chooses to testify) with a conviction if the crime was a felony (punishable by death or more than one year) or any crime involving dishonesty or a false statement, regardless of the punishment. Florida’s rule is narrower than most people assume: the jury generally hears only that the witness was convicted of a qualifying crime and how many times — not the lurid details of what happened. Exceptions: a conviction too remote in time is excluded in civil trials, and juvenile adjudications can’t be used. A pending appeal or a pardon doesn’t block it.
From the Courtroom
The classic mistake is trying to get into the facts of the prior conviction. Under 90.610 you generally get the fact and the number of qualifying convictions — not the story behind them. Push for the details and you draw a sustained objection, sometimes worse. The discipline is asking the narrow question, getting the answer, and sitting down.
Key Points & Authority
- § 90.610(1), Fla. Stat. — Impeachment by conviction is limited to felonies (death or >1 year) or any crime involving dishonesty or false statement.
- Limits: remote convictions excluded in civil cases; juvenile adjudications excluded; a pending appeal or pardon does not bar the conviction (and the pendency of the appeal is itself admissible).
- Federal parallel: Fed. R. Evid. 609 (note the numbering — Florida’s 90.610 maps to federal 609); the federal rule layers in more explicit balancing tests.
Federal Parallel
The federal counterpart is Fed. R. Evid. 609 (the numbering is offset by one — Florida’s § 90.610 corresponds to federal Rule 609). The federal rule reaches the same core ground but adds more detailed balancing tests, including special protection when the witness is a criminal defendant.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(1) A party may attack the credibility of any witness, including an accused, by evidence that the witness has been convicted of a crime if the crime was punishable by death or imprisonment in excess of 1 year under the law under which the witness was convicted, or if the crime involved dishonesty or a false statement regardless of the punishment, with the following exceptions: (a) Evidence of any such conviction is inadmissible in a civil trial if it is so remote in time as to have no bearing on the present character of the witness. (b) Evidence of juvenile adjudications are inadmissible under this subsection.
(2) The pendency of an appeal or the granting of a pardon relating to such crime does not render evidence of the conviction from which the appeal was taken or for which the pardon was granted inadmissible. Evidence of the pendency of the appeal is admissible.
(3) Nothing in this section affects the admissibility of evidence under s. 90.404 or s. 90.608.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.610 allows impeachment of any witness with a conviction that was a felony (death or >1 year) or any crime involving dishonesty or false statement; remote convictions are excluded in civil cases and juvenile adjudications are excluded.