Article 2. Attacking or Supporting Credibility - California Evidence Code Section 788
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California Laws > Evidence Code > Article 2. Attacking or Supporting Credibility - California Evidence Code Section 788
788. 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).
Last modified: February 16, 2015