Evidence of A Criminal Conviction May Be Admissible

Written by Adam Peck Category: Injury Law May 16th, 2013 2 min read

Evidence of a criminal conviction may be admissible, meaning, evidence of a judgment of conviction of a felony is admissible in a civil case to prove any fact essential to the judgment, even if that judgment was based on a plea of nolo contendere or no contest. Evidence Code §1300.

The person punished need not have received a felony sentence. It is enough that the crime allowed the imposition of a felony sentence. The Comments to §1300 provide as follows:”Section 1300 applies to any crime punishable as a felony. The fact that a misdemeanor sentence is imposed does not affect the admissibility of the judgment of conviction under this section.”

Penal Code §1016 provides as follows:

“upon a plea of nolo contendere, the court shall find the defendant guilty. The legal effect of such a plea, to a crime punishable as a felony, shall be the same as that of a plea of guilty for all purposes….”

Defendant pled no contest to a crime punishable as a felony. Guilty and nolo contendere pleas are admissible in a subsequent civil action as an admission of the crime. Interinsurance Exchange v. Flores (1996) 45 Cal.App.4th 661, 53 Cal.Rptr.2d 18. Defendant’s conviction is therefore admissible and the motion to exclude such evidence must be denied.

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.