blog home White-Collar Crime Can Prior Convictions Be Used Against You in a White-Collar Crime Trial?

Can Prior Convictions Be Used Against You in a White-Collar Crime Trial?

By Los Angeles Criminal Defense Attorney on December 5, 2025

If you are facing allegations of a white-collar crime such as fraud, embezzlement, or insider trading, you may be wondering if a past conviction can be used against you. The answer depends on the nature of the past offense, their relevance to the current charges, and how the court interprets the rules of evidence.

The experienced Los Angeles white collar defense attorneys at Werksman Jackson & Quinn LLP, have defended clients in some of the most high-profile white-collar crime cases in California and across the country. We know how prosecutors think, and we understand how to counteract their tactics when they attempt to use your past against you.

Let’s break down when a prior conviction may be admissible, what the law says about character evidence rules, and how top-tier defense attorneys strategically respond when your legal history is at risk of being exposed to a jury.

When Are Prior Convictions Admissible?

In criminal trials involving white-collar charges, courts usually want juries to focus on the evidence in the current case, not the defendant’s past behavior. The general rule is that evidence of a defendant’s prior bad acts or criminal convictions is not automatically admissible, especially if the intent is to show that they have questionable character.

Under the Federal Rules of Evidence Rule 404(b) and California Evidence Code §1101, prosecutors may introduce prior acts or convictions for specific purposes, such as to demonstrate:

• Motive
• Intent
• Knowledge
• Opportunity
• Common scheme or plan

In a white-collar crime case, prosecutors may argue that a prior fraud conviction demonstrates a pattern of deceptive intent, especially if the current charges involve similar conduct. That’s why prior convictions in a white-collar crime defense demand early and aggressive legal action.

Character Evidence Rules and Exceptions

In general, character evidence rules prohibit prosecutors from introducing a person’s criminal record solely to show they are capable of doing bad things

However, there are times when character evidence can come into play:

• If a defendant chooses to testify, their credibility can be challenged, especially if they have prior convictions for crimes involving dishonesty or false statements.
• If the defense introduces evidence of good character, the prosecution may be allowed to rebut it with contrary evidence, including prior misconduct.
• Certain felony convictions that occurred within 10 years may be admitted for impeachment purposes, particularly if they reflect on the defendant’s truthfulness.

This means that even if your previous conviction has nothing to do with the current charges, it might still be raised if you take the stand. Strategic defense attorneys evaluate these scenarios early to determine whether putting the defendant on the stand is worth the risk. At Werksman Jackson & Quinn LLP, this analysis is a major consideration as we prepare for trial.

When Prior Convictions Are Similar to Current Charges

If the previous conviction closely mirrors the current allegations, prosecutors may push hard to get that information in front of the jury. Their aim is clear: plant doubt and suggest a pattern.

This is precisely where an effective trial strategy comes into play. A defense team might:

• File a pretrial motion to block the introduction of prior convictions, arguing they are more prejudicial than probative, as permitted under Rule 403 of the Federal Rules of Evidence.
• Emphasize the differences between the prior and current charges, undermining any claim of a common plan or intent.
• Prepare to neutralize the information during jury selection and opening statements if the court rules the past convictions as admissible.

Criminal History & White-Collar Charges

Here are a few common white-collar offenses where the defendant’s criminal history could impact a trial.

• Wire fraud: Prior fraud convictions may suggest a pattern or intent.
• Embezzlement: Previous charges could be used to argue access and opportunity.
• Healthcare fraud: Especially vulnerable to arguments about common plans or intent.
• Bribery and corruption: Past ethical violations may be relevant if intent is disputed.

Legal Strategies to Protect You

Werksman Jackson & Quinn LLP takes deliberate, tactical, and aggressive measures to protect our clients.

Early Assessment of Admissibility Risks

Before a case even gets to trial, we evaluate how your criminal record could be used and fight to limit it.

Motions in Limine

We file pretrial motions to preclude the prosecution from introducing character evidence or arguing past conduct without proper legal grounds.

Expert Witness Testimony

Expert testimony on forensic accounting, psychology, or corporate practices can redirect focus away from past conduct and onto the facts of the current charges.

Selective Disclosure

Choosing to disclose certain elements of a criminal record under controlled circumstances may be preferable to allowing the prosecution to surprise the jury. This tactic is delicate and must be handled carefully.

Reasons to Choose Our Firm

If you’re under investigation, or if you have been charged with a white-collar crime and you have a criminal record, it’s essential to have the right legal team by your side. That means finding someone who knows how to aggressively protect your rights in court by challenging the admissibility of evidence and controlling how it’s presented.

At Werksman Jackson & Quinn LLP, our attorneys include former federal and state prosecutors with unmatched courtroom skills and decades of success in white-collar crime defense.

Speak With a Trusted White Collar Defense Lawyer in Los Angeles

If you are facing prosecution for a white-collar offense, it’s time to seek elite legal representation. The government is already building its case against you. Do not wait until it’s too late to protect your future.

At Werksman Jackson & Quinn LLP, our attorneys have decades of experience handling complex white-collar crime defense in both federal and state courts. From tax fraud and embezzlement to healthcare fraud and securities violations, we know how prosecutors operate, and how to dismantle their arguments.

Call (213) 688-0460 to schedule your free consultation today.