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 Prison System Ineligible because 

of the.iaot that he has heretofore 

received * suspended sentence for 

crime? 

We beg to acknowledge receipt of your letter of June 24, 1940, stating 

for a legal opinion the following case: 

“An applicant for employment with the prison system recently 

appeared before the Prison Service Committee and It was 

brought out that he had received a suspended sentence sometime 

ago. His examination grades weregood and he appeared to be a 

good prospect for placement on the eligible list for employment, 

however, before giving final consideration to his case, we 

would like to know whether a person in Texas loses his 

citizenship when given a suspended sentence by the courts. 

"In view of the above we hope you vi11 be able to render us 

an opinion on this matter." 

There is no general statute br'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 respect to certain offices, '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 broadest sense of the term citizenship, there is no law visiting upon 

one convicted of crime the lose of citizenship. A convicted citizem of the 

State is yet a citizen, but one whose civil rights have been specially 

taken away or limited in certain respects. Thus, a person convicted of any 
Honorable 0. J. S. Ellingson - Page 2 (O-249) 

felony, except where restored to full citizenship and right of suffrage, 

or pardoned, is not allowed to 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 penalty does 

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 

there has been no final conviction. See: 

Burnett vs. State, 201 S. W. 409; 

Bryant vs. 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 opinion the app;ic !?t. is in no way disqualified 

for employment by reason of having been conviccted and given a suspended 

sentence. 

Very truly yours 

AlTORIlEY CEBEBAL@FTEKAS 

SJ Ocie Speer 

APPROVED JUL. 8, 1940 

s/ GIERH R. LEWIS 

A’I’KMEY QEERALOFTEKAS 

APPP,OVEDOPIEIOE COMMITTEE 

BP B. W. B. 

CHAIRW 

Ocie Speer 

Assistant