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.
About the Author
Attorney Steven Peck has been practicing law since 1981. A former successful business owner, Mr. Peck initially focused his legal career on business law. Within the first three years, after some colleagues and friend’s parents endured nursing home neglect and elder abuse, he continued his education to begin practicing elder law and nursing home abuse law.