Can a Convicted Felon Become a Private Investigator?

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The state where you live determines whether you can become a private investigator if you have a felony conviction.

Some states rule it out entirely.

Some states allow you to work in that field after several years following your conviction.

Some states allow it for some felonies and not for others.

A few states have no restrictions at all on becoming a private investigator.

Another option would be to move to a state with no restrictions.

Felony Convictions

A felony is a crime that is considered serious.

Some misdemeanors are considered minor crimes.

The level of punishment is much different, and the impact on your life is much different as well.

Stealing a small item at a store would be a misdemeanor and could get you a small fine or a few days in jail.

Robbing a bank, or robbing that same store with a gun, would get you years in prison.

Employers usually don’t care if you have had a misdemeanor conviction, but they will care and may not hire you with a felony conviction.

Several states have laws preventing convicted felons from getting a private investigator’s license.

In some states, you can get a felony conviction removed from your record, but that may be 10–15 years after your felony conviction.

Some other states say you must not have had a felony conviction in a certain number of years.

Thirty states ban convicted felons outright, making it all but impossible to become a private investigator.

Six states –  Alaska, Colorado, Idaho, Mississippi, South Dakota, and Wyoming – have no requirements at all, so you could easily become a private investor in those states.

The remaining 14 states have limitations that can be overcome, and you might be able to get a license.

Becoming a Private Investigator

Most states require you to have a license to work as a private investigator.

You may investigate anything for another person, but that is different from having a business where you do investigations for pay.

There is a lot of variation among the states about what is required for a license.

A few states have minimal requirements, and a couple have none.

Most states require you to have some education, experience, or a combination of the two.

Education can be an online private investigator course, or it can be any education in the law enforcement or legal fields.

Experience in law enforcement or security can be used for this job.

Once you have finished the education and experience requirements, you may sit for a state test.

Once you pass that state test, you can get your license.

The Job

Private investigators uncover information for individuals, businesses, and law firms.

What they do is similar to what police investigators do, but they do not have the authority that the police have.

Surveillance is the most common job private investigators do, monitoring the activity of various people.

This could be for suspected infidelity, insurance cases, suspected fraud, or misconduct in the workplace.

Background checks are another major area where this work is done.

This could be checking out a potential employee, or in a court case.

Finding missing persons is another area where a private investigator might work, and this could include finding a long-lost relative.

Private investigators also conduct corporate investigations, which could involve investigating possible fraud, vetting potential employees, or even investigating another business for a merger or major business deal.

Why It Is Harder for Ex-Cons

Ex-convicts often have trouble finding jobs, especially in law enforcement or legal occupations.

Thirty U.S. states ban ex-cons outright from becoming private investigators.

Many agencies have rules against hiring them and will not consider them at all.

Many private companies, with no such restrictions, are also hesitant to hire an ex-convict.

The reasons given are that they are concerned about safety, liability, and trust.

A company that knowingly hires an ex-con might face liability if something goes wrong.

Studies have shown that almost 70 percent of people released from prison are arrested again and charged with a crime within five years of release.

That is not a good track record, but advocates of ex-cons say not being able to get a job contributes to them getting in trouble again.

A study by the ACLU in 2017 showed workplace incidents do not increase when ex-convicts are hired.

Salaries

The national median salary for a private investigator in the United States is $52,000, ranging from $37,000 to $99,000.

The highest median salary is in Maryland at $75,000, and the lowest is in Mississippi at $39,000.

Key Takeaways

Individual states set rules for private investigator licensing.

Thirty states prohibit licensing ex-cons, and 14 states have some restrictions.

Six states have no restrictions on who may be a private investigator.

Even if your record is expunged, you still may not be in the clear in some states.

In most states, some combination of experience and education is required.

In almost all states, passing a test is required for licensing.

Frequently Asked Questions

Why do people refuse to hire ex-convicts?

Sometimes, laws prevent the hiring of an ex-con, but many private companies will not hire an ex-con either.

The reasons given are fears of repeated crime, liability concerns, and trust issues.

Many people repeat crimes and return to jail, but some of that could be because they cannot get a job.

It may be harder for some people to trust an ex-con.

Is there any legitimacy to the fear of hiring ex-convicts?

As many as 70 percent of felony convicts are arrested for criminal activity within five years of being released from prison.

That is a high rate of recidivism.

Even so, a study by the ACLU found that incidents at the workplace were no higher with ex-cons than with the general population.

How are private investigators different from police investigators?

Investigations are similar, but the main difference is who they work for.

Private investigators work for private companies or individuals.

Police investigators work for government law enforcement agencies.

It takes a lot more training to become a police officer, and police have the power of the state behind them.

Police also have access to databases and information that is not available to the public.

Private investigators are limited to public information and do not have any legal authority.

What would be the easiest and hardest states to become a private instigator?

Alaska or Colorado would be easiest because licensing is not required.

There are no state requirements at all, making the path clear.

You only need a general business license to start work.

The hardest states would be Arizona and California.

They do not allow ex-cons to be private investigators.

Even if you have your record expunged, they will still find it with their extensive background check and will disqualify you.

An ex-con can’t be a private investigator in those two states.

What is moral turpitude?

States that allow some ex-cons to become private investigators still will not license a person convicted of moral turpitude.

The moral turpitude relates to cases involving fraud, theft, dishonesty, or sexual crimes.

It is essential that private investigators be trustworthy, and a conviction in this area would bring that into question.

Chelsea Wilson
Chelsea Wilson is the Community Relations Manager for Washington University School of Law’s distance learning LLM degree program, which provides foreign trained attorneys with the opportunity to earn a Master of Laws degree from a top-tier American university from anywhere in the world.

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