Admission of Prior Convictions 10 Years In Texas
In evaluating a complaint about the admission of a prior conviction, the appellate court must first consider the temporal proximity of the release from confinement to the date of the proceeding at which the conviction is sought to be introduced.
If more than ten years have elapsed from the date of confinement, the conviction is considered remote per se. TEX. R. EVID. 609 (b).
Once deemed remote per se, a conviction may nevertheless be admitted only if the trial court finds that its probative value substantially outweighs its prejudicial effect. Id.
The rule requires proof of specific facts and circumstances to support this finding. Id.
The ultimate determination of admissibility is left to the discretion of the trial court. Lucas v. State, 791 S.W.2d 35, 51 (Tex. Crim. App. 1989).