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HomeEvidence CodeDiv. 6Ch. 6Art. 2§ 788 Witness Credibility Felony Convictions

§ 788 Witness Credibility Felony Convictions

Evidence Code·California
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AI SummaryVerified

§ 788 Witness Credibility Felony Convictions

Key Takeaways

  • •If someone has been convicted of a serious crime (felony), you can use that to question if they are telling the truth in court.
  • •You can't use their past crime against them if they were officially forgiven because they were innocent.
  • •You also can't use it if they got a special paper saying they changed their life and were forgiven, or if their case was dismissed in a certain way.
  • •If the crime happened in another state or country, and they were forgiven there in a similar way, you can't use it against them either.

Example

Imagine your neighbor is in court saying they saw someone steal a bike. But you know they went to jail for robbing a store five years ago.

The lawyer can tell the court about your neighbor's past crime to make the judge or jury wonder if your neighbor is really telling the truth now. But if your neighbor got a paper saying they are a changed person and were forgiven, then the lawyer can't bring up the old crime.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 788 Witness Credibility Felony Convictions

For the purpose of attacking the credibility of a witness, it may be shown by the examination of the witness or by the record of the judgment that he has been convicted of a felony unless: (a) A pardon based on his innocence has been granted to the witness by the jurisdiction in which he was convicted. (b) A certificate of rehabilitation and pardon has been granted to the witness under the provisions of Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. (c) The accusatory pleading against the witness has been dismissed under the provisions of Penal Code Section 1203.4, but this exception does not apply to any criminal trial where the witness is being prosecuted for a subsequent offense. (d) The conviction was under the laws of another jurisdiction and the witness has been relieved of the penalties and disabilities arising from the conviction pursuant to a procedure substantially equivalent to that referred to in subdivision (b) or (c). (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

credibility of a witnessconvicted of a felonypardon based on his innocencecertificate of rehabilitation and pardonaccusatory pleadingPenal Code Section 1203.4subsequent offense

Related Statutes

  • § 786 Witness Character Evidence Limits
  • § 787 Witness Character Evidence Limits
  • § 789 Witness Religious Belief Evidence
  • § 780 Witness Credibility Factors
  • § 785 Witness Credibility Challenges

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 788.
View Official Source