Honorable0. J. S. Ellingson GeneralManager Texas Prison System Walker County Huntsville,T&as
Dear Mr. Ellingson: opinionno.0-24$S? Re: Is an applicantfor employmentwith the PrisonSystem Ineligiblebecause of the.iaotthat he has heretofore received* suspendedsentencefor crime?
We beg to acknowledgereceiptof your letterof June 24, 1940, stating for a legal opinionthe followingcase:
"An applicantfor employmentwith the prisonsystem recently appearedbefore the PrisonServiceCommitteeand It was brought out that he had receiveda suspendedsentencesometime ago. His examinationgradesweregoodand he appearedto be a good prospectfor placementon the eligiblelist for employment, however,before giving final considerationto his case,we would like to know whether a person in Texas loses his citizenshipwhen given a suspendedsentenceby the courts.
"In view of the above we hope you vi11 be able to render us an opinionon this matter."
There is no generalstatutebr'rulein this State disqualifyingan applicant for employmentin the public service,such as you state. The only general rule of eligibilityfor civil officers( and the employmentbeing considered is somewhatangl.ogousto that) is one of residence. See 34 Tex. Jur. P. 344, Sec. 15.
There srs specific disqualifications with respectto certainoffices,'and there is a generalprovisionfor the r&oval of officersfor any felony conviction,or for any misdemeanorconvictioninvolvingofficial .'I misconduct. See 34 Tex. Jur. p. 422, Sec. 58.
In the broadestsense of the term citizenship,there is no law visitingupon one convictedof crime the lose of citizenship.A convictedcitizemof the State is yet a citizen,but one whose civil rightshave been specially taken away or limitedin certainrespects. Thus, a person convictedof any Honorable0. J. S. Ellingson- Page 2 (O-249)
felony,exceptwhere restoredto full citizenshipand right of suffrage, or pardoned,is not allowedto vote. Rev. Civ. Stat., Art. 2954. Such person is not permittedto testifyin a criminalcase except in certain definedinstances. Code Crim. Proc.,Art. 708- So, also, one who has bean convictedof a felony is disqualifiedfor jury service in a civil case- Rev. Civ. Stat., Art. 2133 (6).
In all cases,hatever,where convictionvo~ks a forfeitureof civil rights,the authoritiesin this case have held that the penaltydoes not extend to those receivinga suspendedsentence. The logic of such conclusionis that all penaltiesand consequencesof the convictionare suspended-- held in abeyance-- by the judgmentof suspension,and that the ordinarypenaltiesand consequencesof convictiondc,,not apply,for there has been no final conviction.See: Burnettvs. State, 201 S. W. 409; Bryant vs. State, 206 S. W. :.,1:; Keith VS. State, 282 s. w. 25'1; Espinosavs. State, 165 S. W. 208; Herringtonvs. State, 89 S. W. (2) 991; Aldridgevs. Hamlin, 184 S. W. 602 (impliedholding)
We are, therefore,of the opinionthe app;ic!?t.is in no way disqualified for employmentby reason of having been conviccted and given a suspended sentence.
Very truly yours
AlTORIlEY CEBEBAL@FTEKAS
SJ Ocie Speer
Ocie Speer Assistant
APPROVEDJUL. 8, 1940 s/ GIERH R. LEWIS A'I'KMEY QEERALOFTEKAS
APPP,OVEDOPIEIOE COMMITTEE BP B. W. B. CHAIRW