Missouri Revised Statutes

Mo. Rev. Stat. § 491.050 (2026)

Convicts competent witnesses

✓ current as of May 2026

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491.050. Convicts competent witnesses — convictions and certain pleas may be proved to affect credibility. — Any person who has been convicted of a crime is, notwithstanding, a competent witness; however, any prior criminal convictions may be proved to affect his credibility in a civil or criminal case and, further, any prior pleas of guilty, pleas of nolo contendere, and findings of guilty may be proved to affect his credibility in a criminal case. Such proof may be either by the record or by his own cross-examination, upon which he must answer any question relevant to that inquiry, and the party cross-examining shall not be concluded by his answer.

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(RSMo 1939 § 1916, A.L. 1981 H.B. 554)

Prior revisions: 1929 § 1752; 1919 § 5439; 1909 § 6383

(1971) Trial court erred in refusing to permit defendant in prosecution for robbery to inquire on cross-examination of witness whether or not he had been convicted of a crime since witness was the only witness who implicated defendant in the robbery. State v. Myer (Mo.), 473 S.W.2d 374.

(1971) Questions directed to the defendant on trial for murder implying he was guilty not only of moral misconduct but of offenses connected with prostitution, including being a pimp, were immaterial, irrelevant and designedly and manifestly prejudiced the only remedy for which was a new trial. State v. Taylor (Mo.), 473 S.W.2d 385.

(1971) Refusal by trial court to allow defendant to impeach state's four principal witnesses, adults at time of trial, on the basis that each had previously committed an offense while a juvenile, which would have been a crime if committed by an adult, was upheld. State v. Williams (Mo.), 473 S.W.2d 388.

(1974) It is reversible error for a party or a witness to be impeached by showing an arrest even where he has testified about previous convictions. State v. Massa (A.), 512 S.W.2d 912.

(1974) This section confers an absolute right to cross-examine as to conviction of a crime solely to affect credibility. Forbis v. Associated Wholesale Grocers, Inc. (A.), 513 S.W.2d 760.

(1976) Held, cross-examination on collateral matters (except for a criminal conviction) binds the examiner to the answer given. State v. Diamond (A.), 532 S.W.2d 873.

(1976) Overruling defendant's pretrial motion, seeking to limit state's cross-examination concerning his previous convictions in event he should decide to take the stand thereby depriving him of right to make intelligent decision before trial as to whether he could take the stand, was not error. State v. Tolliver (Mo.), 544 S.W.2d 565.

(1978) It is permissible to impeach the credibility of a witness by showing pardoned convictions. Durham v. State (A.), 571 S.W.2d 673.

(1985) Held, that a witness can be impeached by his prior guilty plea, even though he had completed probation under a suspended imposition of sentence. State v. Brooks (A.), 694 S.W.2d 851.

(1995) "Conviction" does not include finding of guilty when imposition of sentence was suspended. M.A.B. v. Nicely, 909 S.W.2d 669 (Mo.banc).

Notes of Decisions

Cited in 242 cases (5 in the last 5 years), 1953–2025 · leading case: Lewis v. Wahl, 842 S.W.2d 82 (Mo. 1992).

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Lewis v. Wahl, 842 S.W.2d 82 (Mo. 1992). · cites it 80× “The statute relied on by the defendant for his position that it was error to exclude the speeding conviction is § 491.050, RSMo 1986, which was last amended in 1981.”

M.A.B. v. Nicely, 909 S.W.2d 669 (Mo. 1995). · cites it 17× “sought to impeach Nicely as a convict under section 491.050, RSMo 1994. M.A.B.’s counsel asked Nicely: “[I]sn’t it a fact that you were found guilty and convicted of one count of sodomy, a Class B Felony offense?” Nicely answered, “As I understand the law, no, I have not been…”

State v. Lynch, 679 S.W.2d 858 (Mo. 1984). · cites it 8× “1983, provides: [A]ny prior pleas of guilty, pleas of nolo contendere, and findings of guilty may be proved to affect his [the witness'] credibility in a criminal case. Such proof may be either by the record or by his own cross-examination, upon which he must answer any question…”

Palmer v. Union Pac. R.R., 311 S.W.3d 843 (Mo. Ct. App. 2010). · cites it 11× “In its third point, Union Pacific claims the trial court erred in denying its Motion for a Mistrial because Palmer’s cross-examination of Simpson exceeded the permissible scope of Section 491.050 RSMo 2000, in that Palmer asked Simpson about the details of his misdemeanor…”

State v. Wolfe, 13 S.W.3d 248 (Mo. 2000). · cites it 6× “Section 491.050 RSMo 1994. [1] A witness' credibility may not be impeached with evidence of a mere arrest, investigation, or criminal charge, not resulting in a conviction.”

State v. Ballard, 657 S.W.2d 302 (Mo. Ct. App. 1983). · cites it 11× “ination regarding a prior arrest, which did not result in a conviction, was improper; (2) the state’s closing argument contained prejudicial statements; (3) the trial court erred in overruling his motion to suppress pretrial identification testimony; (4) the trial court erred in…”

Forbis v. Associated Wholesale Grocers, Inc., 513 S.W.2d 760 (Mo. Ct. App. 1974). · cites it 16× “We have concluded that our Supreme Court decisions construing § 491.050, RSMo 1969, V. A.M.S., gave the plaintiff an absolute right to show the prior convictions for the purpose of affecting the credibility of the driver-witness and accordingly, we reverse and remand the case…”

State v. Shepard, 654 S.W.2d 97 (Mo. Ct. App. 1983). · cites it 18× “This is enhanced by defendant’s argument that such evidence was neither admissible to impeach his credibility as a witness under the purview of § 491.050, RSMo Supp.1981, nor as an exception to the general rule precluding evidence of other crimes.”

State v. Baker, 636 S.W.2d 902 (Mo. 1982). · cites it 4× “This Court *907 has uniformly held that § 491.050, RSMo 1978, pertaining to the use of prior convictions to affect a witness' credibility, "confer[s] an absolute right to show prior convictions.”

State v. Nathan, 404 S.W.3d 253 (Mo. 2013). · cites it 3× “See also § 491.050. However, Rule 25.03 (and section 491.”

Fisher v. Gunn, 270 S.W.2d 869 (Mo. 1954). · cites it 8× “Section 491.050 provides that any person who has been convicted of a crinunal offense is a competent witness, but that the conviction may be proved to affect the witness’ credibility, either by cross-examination or by the record of the conviction, and that the cross-examiner…”

State v. Larson, 79 S.W.3d 891 (Mo. 2002). · cites it 3× “Section 491.050, RSMo 2000. An attorney may be disbarred if she pleads guilty to certain crimes and receives a suspended imposition of sentence.”

Show all 242 citing cases →

— Mo. Rev. Stat. § 491.050(5) — 1 case

State of Missouri ex rel. John L. Putnam, M.D. v. State Bd. of Reg. for The Healing Arts & The Admin. Hearing Comm'n (Mo. Ct. App. 2021).

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