Honorable 0. J. S. Ellingson General

Manager Texas Prison System Walker County Huntsville,

T&as
Dear Mr. Ellingson: opinion no.0-24$S? Re: Is an applicant for employment

with the PrisonSystem Ineligible because of the.iaot

that he has heretofore received* suspended sentence

for crime?
We beg to acknowledge receiptof your letterof June 24, 1940, stating for a legal opinionthe following case:
“An applicant

for employment

with the prison system recently appeared

before the PrisonServiceCommittee and It was brought out that he had received a suspended

sentence

sometime ago. His examination grades weregoodand he appeared to be a good prospect

for placement

on the eligiblelist for employment, however,

before giving final consideration to his case,we would like to know whether a person in Texas loseshis citizenship

when given a suspended sentence

by the courts.
"In view of the abovewe hope you vi11 be able to render us an opinionon this matter." There is no generalstatutebr'rule in this State disqualifying an applicant for employment

in the public service, such as you state. The only general rule of eligibility for civil officers ( and the employment being considered is somewhat

angl.ogous

to that) is one of residence. See 34 Tex. Jur. P. 344, Sec. 15. There srs specific disqualifications with respectto certainoffices, 'and there is a general

provision

for the r&oval of officers for any felony conviction,

or for any misdemeanor conviction

involving

official .'I misconduct. See 34 Tex. Jur. p. 422, Sec. 58.
In the broadestsense of the term citizenship, there is no law visiting upon one convicted

of crime the lose of citizenship.A convicted citizemof the State is yet a citizen, but one whose civil rightshave been specially taken away or limitedin certain respects. Thus, a person convicted of anyHonorable0. J. S. Ellingson- Page 2 (O-249)

felony,except

where restored

to full citizenship and right of suffrage, or pardoned,

is not allowedto vote. Rev. Civ. Stat.,Art. 2954. Such person is not permitted to testify in a criminal case except in certain defined instances. Code Crim. Proc.,Art. 708- So, also, one who has bean convicted

of a felony is disqualified for jury service in a civil case- Rev. Civ. Stat.,Art. 2133 (6).
In all cases,hatever, where conviction

vo~ks a forfeiture of civil rights,the authorities in this case have held that the penaltydoes not extend to those receiving a suspended

sentence. The logic of such conclusion

is that all penalties and consequences

of the conviction

are suspended-- held in abeyance-- by the judgment of suspension,

and that the ordinary

penalties

and consequences

of conviction

dc,,not apply, for therehas been no final conviction. See: Burnett

vs. State, 201 S. W. 409; Bryantvs. State, 206 S. W. :.,1:; Keith VS. State, 282 s. w. 25 ‘ 1; Espinosa

vs. State, 165 S. W. 208; Herrington

vs. State, 89 S. W. (2) 991; Aldridge

vs. Hamlin, 184 S. W. 602 (implied

holding)
We are, therefore, of the opinionthe app;ic !?t. is in no way disqualified for employment

by reason of havingbeen conviccted and given a suspended sentence. Very trulyyours AlTORIlEY

CEBEBAL@FTEKAS
SJ Ocie Speer

APPROVEDJUL. 8, 1940 s/ GIERH R. LEWIS A’ I ’ KMEY QEERALOFTEKAS APPP,OVEDOPIEIOE

COMMITTEE BP B. W. B. CHAIRW Ocie Speer Assistant