The Advisory Committee on Evidence Rules proposed amendments to Federal Rule of Evidence 609 to make the balancing test for admitting prior criminal convictions more protective of criminal defendants. Rather than abrogating Rule 609(a)(1), the proposal retains impeachment with non-falsity convictions but emphasizes that such convictions should be admitted against a criminal defendant only when their probative value substantially outweighs the risk of unfair prejudice, reinforcing the reverse-balancing framework Congress originally adopted.

In February 2026, AAJ filed a formal comment supporting the proposed amendment and recommending minor clarifying edits to the Committee Note. AAJ urged the Committee to specify that the reverse balancing test is “protective of defendants” to reflect its constitutional foundation and to replace the word “opportunity” with “information necessary” to ensure juries receive sufficient context to properly evaluate the probative value of prior convictions.

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