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February 1, 2010
Information on Licensing Requirements for
Private Investigators, or
How to Become a PI
Private investigation is one of the fastest growing
fields out there, reports the U.S. Bureau of Labor Statistics. They expect the number of private investigators to rise by 20% from
2008 to 2018. Every state has different requirements and
regulations for private investigators. This article pertains
solely to California.
Private investigators are regulated under the
Business and Professions Code, Sections 7512 - 7574. Section 7521
defines a private investigator:
"[A] person...who, for any
consideration [i.e. payment] whatsoever engages in business or
accepts employment to furnish or agrees to furnish any person to
protect persons...or engages in business or accepts employment to
furnish, or agrees to make, or makes, any investigation for the
purpose of obtaining, information with reference to:
(a) Crime or wrongs done or threatened against the United States of
America or any state or territory of the United States of
America.
(b) The identity, habits, conduct,
business, occupation, honesty, integrity, credibility, knowledge,
trustworthiness, efficiency, loyalty, activity, movement,
whereabouts, affiliations, associations, transactions, acts,
reputation, or character of any person.
(c) The
location, disposition, or recovery of lost or stolen
property.
(d) The cause or responsibility for fires,
libels, losses, accidents, or damage or injury to persons or to
property.
(e) Securing evidence to be used before
any court, board, officer, or investigating
committee.
For the purposes of this section, a
private investigator is any person, firm, company, association,
partnership, or corporation acting for the purpose of investigating,
obtaining, and reporting to any employer, its agent, supervisor, or
manager, information concerning the employer's employees involving
questions of integrity, honesty, breach of rules, or other standards
of performance of job duties."
It is a crime to perform private investigation
services without a license. There are very few exceptions to
the law. The punishment is a $10,000 fine or one year in jail,
or both the fine and jail time. It is also illegal to
knowingly hire an unlicensed investigator. The penalty is a
$5,000 fine and/or one year in jail. B&P Code
Section 7523:
"(b) Any person who violates any provision of
this chapter or who conspires with another person to violate any
provision of this chapter, relating to private investigator
licensure, or who knowingly engages a nonexempt unlicensed person is
guilty of a misdemeanor punishable by a fine of five thousand
dollars ($5,000) or by imprisonment in the county jail not to exceed
one year, or by both that fine and imprisonment.
(d)
Any person who: (1) acts as or represents himself or herself to be a
private investigator licensee under this chapter when that person is
not a licensee under this chapter; (2) falsely represents that he or
she is employed by a licensee under this chapter when that person is
not employed by a licensee under this chapter; (3) carries a badge,
identification card, or business card, indicating that he or she is
a licensee under this chapter when that person is not a licensee
under this chapter; (4) uses a letterhead or other written or
electronically generated materials indicating that he or she is a
licensee under this chapter when that person is not a licensee under
this chapter; or (5) advertises that he or she is a licensee under
this chapter when that person is not a licensee, is guilty of a
misdemeanor that is punishable by a fine of ten thousand dollars
($10,000) or by imprisonment in a county jail for not more than one
year, or by both that fine and imprisonment."
Private investigators are regulated by the Bureau of Security
and Investigative Services, BSIS. Any person may report
suspected unlicensed activity directly to the BSIS here: http://www.bsis.ca.gov/forms_pubs/uaau_lead_form.pdf
BSIS Acting Chief Connie Trujillo reports that
there are 9898 licensed investigators in California as of January 1,
2010. Becoming a private investigator is not an easy
undertaking; it requires at least a minimum of a three years of work
before you can apply for your own license.
There are four main requirements for
licensing. These are:
Age
One must be at least 18
years old to obtain a private investigators license. However,
you can begin your training prior to your 18th birthday.
Experience
Potential private
investigators must have at least three years, and not less than 6000
hours, of compensated experience in investigative work. This
must be done in the employ of a law enforcement agency, collection
agency, insurance agency, bank, court, or another private
investigation agency. This is basically on-the-job training
and education. Process serving and public records research do
not count towards these 6,000 hours.
Note: A college degree in criminal justice,
criminal law, or political science can be substituted for part of
the experience. An Associate's degree can be substitute for 6
months, or 1,000 hours of experience. A Bachelor's degree
counts for one year, or 2,000 hours of
training/experience.
Written Exam
After one had
completed three years of investigative work, and is over 18, one can
sit for this two-hour, multiple choice test.
Criminal Background
Check
LiveScan - $50 application fee, $32 DOJ processing
fee, and $19 FBI Fingerprinting processing fee. The director
of BSIS may approve an applicant who has been convicted of a minor
offense, but it is at the director's discretion. To deny a
license, the crime committed must be considerably related to the
duties of a private investigator.
After you pass the exam, you must submit a
licensing fee (currently $175) to the BSIS. The license must
be renewed every two years. There are additional requirements
for carrying a firearm. For more information, please visit the
BSIS at http://www.bsis.ca.gov
References:
California
Business and Professions Code, Section 7512-7574.
California
Department of Consumer Affairs, BSIS. Frequently Asked Questions -
Private Investigators
U.S. Bureau of Labor Statistics. Private Detectives and
Investigators,@ Occupational Outlook Handbook, 2010-2011 Edition
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