Neb. Rev. Stat. » Chapter 27
Nebraska Revised Statutes

Neb. Rev. Stat. § 27-609 (2026)

Rule 609. Impeachment by evidence of conviction of crime; general rule; time limit; effect of pardon, annulment, or equivalent procedure; juvenile adjudications; pendency of appeal

✓ current as of July 2026
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(1) For the purpose of attacking the credibility of a witness, evidence that he has been convicted of a crime shall be admitted if elicited from him or established by public record during cross-examination, but only if the crime (a) was punishable by death or imprisonment in excess of one year under the law under which he was convicted or (b) involved dishonesty or false statement regardless of the punishment.

(2) Evidence of a conviction under this rule is not admissible if a period of more than ten years has elapsed since the date of such conviction or of the release of the witness from confinement, whichever is the later date.

(3) Evidence of a conviction is not admissible under this rule if the conviction has been the subject of a pardon, annulment, or other equivalent procedure which was based on innocence.

(4) Evidence of juvenile adjudications is not admissible under this rule.

(5) Pendency of an appeal renders evidence of a conviction inadmissible.

Notes of Decisions
Cited in 76 cases (8 in the last 5 years), 1976–2026 · leading case: State v. Leon-Simaj, 300 Neb. 317 (Neb. 2018).
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State v. Leon-Simaj, 300 Neb. 317 (Neb. 2018). · cites it 6× “Further, any "crime" would be an inadmissible juvenile adjudication, as well as "petit larceny," which would not qualify as a crime of dishonesty under Neb. Rev. Stat. § 27-609 (Reissue 2016). Finally, the State asserted the testimony was excludable under Neb.”
State v. Stricklin, 300 Neb. 794 (Neb. 2018). · cites it 3× “In fact, we addressed the interplay between § 27-608 and Neb. Rev. Stat. § 27-609 (Reissue 2016) for the first time in Stricklin's direct appeal, noting it appeared there had been confusion on that issue and we had not previously addressed it.”
State v. Clausen, 307 Neb. 968 (Neb. 2020). · cites it 6× “§ 27-609 (Reissue 2016), (2) highlighting Williams’ motivation for tes- tifying under his plea agreement, and (3) questioning Williams about a suicide attempt he made immediately after Clausen and Dixon escaped from prison. Clausen misstates the record—his trial counsel did, in…”
State v. Ellis, 303 N.W.2d 741 (Neb. 1981). · cites it 8× “" The defendant also complains that the trial court prohibited the defendant from inquiring of the witness Burns as to a prior petit larceny conviction as constituting an act of dishonesty within the meaning of Neb.Rev.Stat. § 27-609 (Reissue 1979). He also claims that he was…”
State v. Gore, 322 N.W.2d 438 (Neb. 1982). · cites it 18× “The relevant portion of that statute provides: "(1) For the purpose of attacking the credibility of a witness, evidence that he has been convicted of a crime shall be admitted if elicited from him or established by public record during cross-examination, but only if the crime…”
State v. Garza, 459 N.W.2d 739 (Neb. 1990). · cites it 8× “In attacking the credibility of a witness by cross-examination under Neb.Rev. Stat. § 27-609 (Reissue 1985) by establishing that such witness has previously committed a felony or a crime involving dishonesty or a false statement, the inquiry must end there, and it is improper to…”
State v. Custer, 298 Neb. 279 (Neb. 2017). · cites it 4× “Custer contends that counsel should have invoked Neb. Rev. Stat. § 27-609 (Reissue 2016), which deals with the impeach- ment by evidence of a conviction for a crime.”
State v. Daugherty, 337 N.W.2d 128 (Neb. 1983). · cites it 10× “Neb.Rev.Stat. § 27-609 (Reissue 1979) provides in part: "(1) For the purpose of attacking the credibility of a witness, evidence that he has been convicted of a crime shall be admitted if elicited from him or established by public record during cross-examination, but only if the…”
State v. Schreiner, 754 N.W.2d 742 (Neb. 2008). · cites it 2× “609(1)(b), Neb. Rev. Stat. § 27-609 (1)(b) (Reissue 1995).”
State v. Howell, 26 Neb. Ct. App. 842 (Neb. Ct. App. 2019). · cites it 2× “609, Neb. Rev. Stat. § 27-609 (Reissue 2016), provides in part: (1) For the purpose of attacking the credibility of a witness, evidence that he has been convicted of a crime shall be admitted if elicited from him or established by public record during cross-examination, but only…”
State v. Williams, 326 N.W.2d 678 (Neb. 1982). · cites it 5× “” Neb. Rev. Stat. § 27-609 (1) (Reissue 1979) provides: ‘‘For the purpose of attacking the credibility of a witness, evidence that he has been convicted of a crime shall be admitted if elicited from him or established by public record during cross-examination, but only if the…”
Czech v. Allen, 318 Neb. 904 (Neb. 2025). · cites it 5× “Allen argued that such evidence was inadmissible under Neb. Rev. Stat. § 27-609 (5) (Reissue 2016), because he had appealed his convictions and, as such, that the convictions were not final.”
Show all 76 citing cases →
— Neb. Rev. Stat. § 27-609(1) — 8 cases
State v. Clausen, 307 Neb. 968 (Neb. 2020). “§ 27-609 (Reissue 2016), (2) highlighting Williams’ motivation for tes- tifying under his plea agreement, and (3) questioning Williams about a suicide attempt he made immediately after Clausen and Dixon escaped from prison. Clausen misstates the record—his trial counsel did, in…”
State v. Custer, 298 Neb. 279 (Neb. 2017). “Custer contends that counsel should have invoked Neb. Rev. Stat. § 27-609 (Reissue 2016), which deals with the impeach- ment by evidence of a conviction for a crime.”
State v. Williams, 326 N.W.2d 678 (Neb. 1982). “” Neb. Rev. Stat. § 27-609 (1) (Reissue 1979) provides: ‘‘For the purpose of attacking the credibility of a witness, evidence that he has been convicted of a crime shall be admitted if elicited from him or established by public record during cross-examination, but only if the…”
State v. Lingle, 308 N.W.2d 531 (Neb. 1981).
State v. Gore, 322 N.W.2d 438 (Neb. 1982). “The relevant portion of that statute provides: "(1) For the purpose of attacking the credibility of a witness, evidence that he has been convicted of a crime shall be admitted if elicited from him or established by public record during cross-examination, but only if the crime…”
— Neb. Rev. Stat. § 27-609(1)(a) — 1 case
In re Guardianship of Kyoko R. (Neb. Ct. App. 2019).
— Neb. Rev. Stat. § 27-609(2) — 2 cases
State v. Hawthorne, 431 N.W.2d 630 (Neb. 1988).
State v. Pitts, 322 N.W.2d 443 (Neb. 1982).
— Neb. Rev. Stat. § 27-609(4) — 3 cases
State v. Tucker, 598 N.W.2d 742 (Neb. 1999).
State v. Caradori, 260 N.W.2d 617 (Neb. 1977).
State v. Dimmitt, 560 N.W.2d 498 (Neb. Ct. App. 1997).
— Neb. Rev. Stat. § 27-609(5) — 2 cases
Czech v. Allen, 318 Neb. 904 (Neb. 2025). “Allen argued that such evidence was inadmissible under Neb. Rev. Stat. § 27-609 (5) (Reissue 2016), because he had appealed his convictions and, as such, that the convictions were not final.”
Ipock v. Union Ins., 495 N.W.2d 905 (Neb. 1993).
— Neb. Rev. Stat. § 27-609(l)(b) — 1 case
Stephanie Olson v. Jeff Little, 604 F. App'x 387 (6th Cir. 2015).
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