A private investigator license is issued and policed at the state level, not federally, and almost every state that licenses the occupation builds a fingerprint based criminal history check directly into the application. That check usually runs through a state identification bureau and the Federal Bureau of Investigation, separate from any experience review, exam, or firearms permit the applicant also has to clear. For an agency that employs investigators and support staff, there is a second and separate layer on top of licensure, a standard employer background check governed by the Fair Credit Reporting Act. Each layer is checking something different, and a clean result on one does not confirm a clean result on another.
State boards run the fingerprint based criminal history check
Licensing authority for private investigators is scattered across different types of state agencies, which is part of why the process looks different from state to state. California licenses private investigators through its Bureau of Security and Investigative Services, part of the Department of Consumer Affairs. The Bureau’s private investigator license fact sheet states that applicants must undergo a criminal history background check through the California Department of Justice and the FBI, submitted through the state’s Live Scan fingerprinting process, and that this check is required even if the applicant has previously been fingerprinted for a different license issued by the same Bureau.
Texas takes a different structural approach and regulates private investigators as part of a broader private security program administered by the Texas Department of Public Safety. The Texas DPS private security section describes its role as protecting the public by conducting fingerprint based background checks on applicants and investigating and resolving complaints against licensees. Other states license private investigators through their own public safety departments, secretaries of state, or dedicated boards, so the agency a candidate or employer needs to contact is not the same in every jurisdiction.
| State | Licensing agency type | Primary source |
|---|---|---|
| California | Bureau of Security and Investigative Services, under the Department of Consumer Affairs | BSIS private investigator fact sheet |
| Texas | Private Security Program, under the Department of Public Safety | Texas DPS, Private Security |
| Other states | Varies: state police, secretary of state, or a dedicated licensing board | Confirm directly with the issuing state agency |
Because licensing structure and the specific background check process vary this much between states, an agency hiring across state lines should confirm the current licensing agency and its fingerprint requirements directly rather than assuming one state’s process applies elsewhere. This is the same pattern seen in other licensed occupations our professional license verification guide covers, where confirming status directly with the issuing board is a separate step from any employer background check.
Experience, education and exam requirements before licensure
A fingerprint based criminal history check is only one piece of what a state board reviews before issuing a private investigator license. California’s requirements illustrate how detailed this can get. According to the BSIS fact sheet, an applicant generally needs at least three years, totaling 6,000 hours, of compensated investigative experience, or a law degree plus two years of qualifying experience, or an associate degree in police science, criminal law, or justice plus two and a half years of qualifying experience. That experience has to be certified by the employer and earned in specific roles, such as a sworn law enforcement officer, a licensed private investigator’s employee, or an investigator for a public defender’s office. Work as a process server, bailiff, or collections caller does not count toward the experience requirement under BSIS’s own description. Applicants must also pass a two hour, multiple choice exam covering investigation law, terminology, evidence handling, and civil and criminal liability.
Other states set their own combination of minimum age, experience, education, and exam requirements, and the specifics genuinely differ by jurisdiction. An employer or applicant should treat the issuing state board’s current published requirements as the only reliable source, rather than assuming the rules from one state carry over to another.
Firearms permits are a separate license and a separate background check
Carrying a firearm on duty is not automatically part of a private investigator license, and in states that allow it, the firearms permit typically comes with its own eligibility rules and its own background screening on top of the investigator license itself. In California, a private investigator who wants to carry a gun while working must separately apply for a firearms permit through BSIS, which requires the applicant to be at least 21 years old, to complete a course covering citizen’s arrest authority and legal limits on searches and seizures, to complete a separate firearms training course with classroom and range instruction, and to undergo another criminal history background check through the California Department of Justice and the FBI. The BSIS fact sheet also notes that a Bureau issued firearms permit does not authorize carrying a concealed weapon, which requires a separate concealed weapons permit issued by local authorities. Treating the investigator license and the firearms permit as one combined approval is a common misunderstanding, and the two should be tracked and renewed separately.
Disqualifying convictions and how boards evaluate them
State licensing boards generally have authority to deny, suspend, or revoke a private investigator license based on criminal history, but what counts as disqualifying is not a single national standard. Felony convictions, convictions involving dishonesty or fraud, and recent violent offenses are the categories most likely to raise a concern across states, since they relate directly to the trust, access, and sometimes the authority to carry a firearm that come with the occupation. Beyond that general pattern, the specific offenses that disqualify an applicant, how far back a board looks, and whether a conviction can be explained or mitigated all vary by state, so an applicant with a record should check the issuing board’s current published criteria rather than assume a conviction is automatically fatal to an application.
The same caution applies on the employer side when a private investigation agency is doing its own hiring, separate from the state licensing decision. The Equal Employment Opportunity Commission’s enforcement guidance on arrest and conviction records in employment decisions describes how an employer’s consideration of criminal history can raise discrimination concerns under federal law unless the employer applies a job related, individualized review rather than a blanket exclusion. An agency that disqualifies every applicant with any criminal record, without considering the nature of the offense, how long ago it occurred, and the duties of the specific position, may be taking on legal risk that has nothing to do with the state licensing process itself.
When a PI agency screens its own investigators and support staff under the FCRA
Licensing covers whether a person is authorized to work as a private investigator. It does not replace the employer’s own hiring process. Agencies that use a background check company to screen investigators, administrative staff, or subcontractors are themselves subject to the Fair Credit Reporting Act, the same federal law that governs background checks across other industries. The Consumer Financial Protection Bureau’s Regulation V text implementing the FCRA and its plain language compliance guidance on credit reporting requirements both describe the obligations that apply whenever an employer orders a report from a consumer reporting agency.
- Give the applicant a clear, standalone disclosure that a background check will be obtained, separate from the job application itself.
- Get the applicant’s written authorization before requesting the report.
- If the agency is considering an adverse decision based on the report, send a pre adverse action notice with a copy of the report and the Summary of Your Rights Under the Fair Credit Reporting Act, and allow a reasonable opportunity to respond.
- If the agency proceeds with the adverse decision, send a final adverse action notice with the required FCRA disclosures.
A background check ordered under this process does not automatically show every past conviction in every state, since reporting rules and lookback periods vary by state and by the type of search run. An agency should not represent to a candidate that a particular record is certain to be hidden, and should not treat a clean report as proof that no record exists anywhere.
Licensing checks, firearms checks and FCRA checks compared
Because a private investigator role can involve several separate screening events, it helps to keep the purpose of each one distinct.
| Screening layer | What it generally checks | Who runs it |
|---|---|---|
| State PI license application | Fingerprint based criminal history, experience, education, and exam results | The state licensing agency, through its own process and the FBI |
| Firearms permit, where offered | A separate fingerprint based criminal history check plus training requirements | The same or a related state licensing agency |
| License renewal | In many states, a repeat or updated criminal history check; rules vary by state | The state licensing agency |
| Employer FCRA background check | Broader criminal, employment, and identity history for the hiring decision | A consumer reporting agency, on the employer’s behalf |
None of these checks substitutes for another. A private investigation agency hiring its own staff is in a similar position to other licensed, screening heavy occupations our security guard background check guide describes, where a state administered license check and a separate employer background check both have to clear before someone is actually placed in the role.
Frequently asked questions
Does a private investigator license check replace an employer’s own background check?
No. The state license confirms the person is authorized to work as a private investigator and reviews criminal history tied to the state’s own licensing standards. An employer that wants its own FCRA compliant background check still has to run that process separately, with its own disclosure and authorization steps.
Is the private investigator license background check run at the state level or the federal level?
It is run at the state level, through the licensing agency, but that state process typically includes an FBI records check as part of the fingerprint submission. There is no separate federal private investigator license.
Does a firearms permit come automatically with a private investigator license?
Generally no. In states that allow investigators to carry a firearm on duty, the firearms permit is usually a separate application with its own age requirement, training requirement, and criminal history background check, on top of the investigator license itself.
Is a felony conviction always disqualifying for a private investigator license?
Not necessarily, and the standard is not the same in every state. Felony convictions, especially those involving dishonesty, fraud, or violence, are the most likely to raise a concern, but whether a specific conviction disqualifies an applicant depends on the issuing state board’s current published criteria.
Do private investigators have to repeat the background check when renewing their license?
It depends on the state. Some licensing agencies require an updated or repeat criminal history check at renewal or after a lapse in licensure, while others do not. Confirm the current renewal rule directly with the issuing state agency.
Can a private investigation agency reject every applicant with a criminal record?
A blanket policy like that can create legal risk. Federal guidance from the EEOC describes an individualized, job related review of the nature of the offense, how long ago it occurred, and the duties of the position as the more defensible approach, rather than an automatic exclusion for any record.
Reveal Background helps employers build FCRA compliant background check programs for licensed and high trust roles, including private investigation agencies screening their own investigators and support staff. Learn more at Reveal Background.
This article is general information, not legal advice. Employers and applicants should confirm current requirements directly with the applicable state licensing agency and consult qualified counsel before making licensing or hiring decisions.
