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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Labor |
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| Office of the Secretary of Labor |
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| Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges |
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| Rules of Evidence |
29 CFR 18.609 - Impeachment by evidence of conviction of crime.
- Section Number: 18.609
- Section Name: Impeachment by evidence of conviction of crime.
(a) General rule. For the purpose of attacking the credibility of a
witness,
evidence that the witness has been convicted of a crime shall be
admitted if the crime was punishable by death or imprisonment in excess
of one year under the law under which the witness was convicted, or
involved dishonesty or false statement, regardless of the punishment.
(b) Time limit. Evidence of a conviction under this rule is not
admissible if a period of more than ten 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 the later date.
(c) Effect of pardon, annulment, or certificate of rehabilitation.
Evidence of a conviction is not admissible under this rule 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 year, or
(2) The conviction has been the subject of a pardon, annulment, or
other equivalent procedure based on a finding of innocence.
(d) Juvenile adjudications. Evidence of juvenile adjudications is
not admissible under this rule.
(e) Pendency of appeal. The pendency of an appeal therefrom does not
render evidence of a conviction inadmissible. Evidence of the pendency
of an appeal is admissible.
[55 FR 13219, Apr. 9, 1990; 55 FR 14033, Apr. 13, 1990]
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