PI LICENSING: New Jersey

[Legal Affairs]

NO LICENSE IS REQUIRED
FOR UNREGULATED ASSIGNMENTS AND/OR EMPLOYMENT
IF you fall into the following:

Sections 9 as Revised

1. NO PI LICENSE REQUIRED FOR: any employee, investigator or investigators solely, exclusively and regularly employed by any firm which is not engaged in any of the businesses herein, that their acts may relate solely to the business of the respective employers;
   
   
2. NO PI LICENSE REQUIRED FOR: any person, firm, association or corporation conducting any investigation solely for its own account.
   
   
3. NO PI LICENSE REQUIRED FOR: any person employed by any such attorney or counsellor-at-law when engaged upon his employer's business;
   
   
4. NO PI LICENSE REQUIRED FOR: any person engaged exclusively in the business of making investigations and reports as to the financial standing,
   
   
5. NO PI LICENSE REQUIRED FOR: any person licensed to do a business of insurance of any nature under the insurance laws of this State.
   
   
6. NO PI LICENSE REQUIRED FOR: any employee or licensed agent thereof;
   
   
7. NO PI LICENSE REQUIRED FOR: any person engaged exclusively in the business of making investigations and reports as to the credit and financial responsibility of persons, firms, associations or corporations.
   
   
8. NO PI LICENSE REQUIRED FOR: any person engaged exclusively in the business of making investigations and reports for insurance purposes.
   
   
9. NO PI LICENSE REQUIRED FOR: any person engaged exclusively in the business of electrically controlled burglar or fire alarm systems with a central unit,
   
   
10. NO PI LICENSE REQUIRED FOR: any watchmen or guards or private patrolmen
    
    
11. NO PI LICENSE REQUIRED FOR: any persons to protect persons or property, either real or personal, or for any other purpose whatsoever.
    
    
12. NO PI LICENSE REQUIRED FOR: The term shall not include and nothing in this act shall apply to any lawful activity of any board, body, commission or agency of the United States of America or of any State, Territory or Possession of the United States of America, or any county, municipality, school district, or any officer or employee solely, exclusively and regularly employed by any of the foregoing;
    
    
13. NO PI LICENSE REQUIRED FOR: any attorney or counsellor-at-law in connection with the regular practice of his profession,
    

SOURCE:

Section
(9) the securing of evidence to be used before any investigating committee, board of award, board of arbitration, or in the trial of any civil or criminal cause; provided, however, that the term shall not include a person, firm, association or corporation engaged exclusively in the business of making investigations and reports as to the financial standing, credit and financial responsibility of persons, firms, associations or corporations nor to electrically controlled burglar or fire alarm system with a central unit, nor to any person, firm, association or corporation engaged in the business of making reports for insurance or credit purposes. Also it shall mean the furnishing for hire or reward of watchmen or guards or private patrolmen or other persons to protect persons or property, either real or personal, or for any other purpose whatsoever. The term shall not include and nothing in this act shall apply to any lawful activity of any board, body, commission or agency of the United States of America or of any State, Territory or Possession of the United States of America, or any county, municipality, school district, or any officer or employee solely, exclusively and regularly employed by any of the foregoing; nor to any attorney or counsellor-at-law in connection with the regular practice of his profession, nor to any person employed by any such attorney or counsellor-at-law when engaged upon his employer's business; nor to any employee, investigator or investigators solely, exclusively and regularly employed by any person, firm, association or corporation which is not engaged in any of the businesses hereinbefore described in items numbered one to nine, both inclusive, of this subSection in so far as their acts may relate solely to the business of the respective employers; nor to any person, firm, association or corporation licensed to do a business of insurance of any nature under the insurance laws of this State, nor to any employee or licensed agent thereof; nor to any person, firm, association or corporation conducting any investigation solely for its own account.

TO APPLY FOR A LICENSE
Applications may be obtained upon written request from the:

New Jersey State Police
Private Detective Unit
Box 7068
West Trenton, N.J.08628-0068.



Review the following web links:

Frequenty Asked Questions (Not all)

Rules & Regulations

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UPDATE 4-2007
there are new items posted for Bounty Hunters.

Go here:
http://www.state.nj.us/lps/njsp/abou...y-hunters.html

But nothing appears to have changed for Private Investigators:

http://www.state.nj.us/lps/njsp/abou...detective.html

[Admin]

Originally posted by Ray Montana
I haven't seen any comments as to the PI laws in the state of N.J.

I would like any responses for IPIU members or staff!

Please read the comment posted above by Legal Affairs.

For someone with no Police background or experience N.J. makes it almost impossible to be licensed as a PI or to start your own Agency.

It may seem that way. But when asking for the applications to be mailed to you, make sure you also ask for an agency license application.

Then post your comment in the union member's only forum titled OBTAINING YOUR LICENSE. We can assist you in setting up your agency without any prior experience on your part.

[Ann Marie Ryan]

Originally posted by Jennifer Benedetti
Hi, I currently live in NJ and when I reviewed the FAQ for licensing in NJ it stated that you have to be 25 yrs. of age to be a PI and also have experience with the police to be licensed. How could I get a job as a PI if you need these qualifications in NJ?

You do not need to be 25 or have any experience to work as an investigator in the unregulated areas posted above titled "Exemptions".

Originally posted by Jennifer Benedetti
Also, is it necessary that I get licensed with the state even though I am alreadly going to get licensed by IPIU?

IPIU does not license anyone. They do, however, provide a photo credential card that monitors your professional conduct and screening in much the same manner as most state licenses do, and the card is a bonus in getting accepted for assignments when you do not have a state PI license.

[Michael Harris]

Originally posted by Ray Montana
I haven't seen any comments as to the PI laws in the state of N.J.

I would like any responses for IPIU members or staff!

For someone with no Police background or experience N.J. makes it almost impossible to be licensed as a PI or to start your own Agency.

PLEASE HELP!!

Ray,

I mentioned in another post that an acquaintance who retired to teach criminal justice claims that the State Police created the NJ PI laws to give the troopers a job after retirement.

As to the other issue. You can own and open an agency if you hire a licensed PI (in NJ, they call them Private Detectives) to manage the business for you. You can get an agency license and practice under that. I forget where I read this, so you might want your attorney to confirm.

---

These are the FAQs taken from the official New Jeresey State police web site tonight. They are as fresh as it gets.

Private Detectives
Q. What Rules Govern the Private Detective Industry? A. The Private Detective Act of 1939 and the Administrative Rules and Regulations define the statutory obligations of anyone applying for or operating under a private detective license in the State of New Jersey.

As mandated the New Jersey State Police, Private Detective Unit has the responsibility to administer and regulate those individuals engaged in the private detective industry.

Q. What are the Qualifications to become a Private Detective? Applicant must be 25 years of age and a U.S. citizen.

Applicant must possess good character, competency and integrity.

Applicant must have a minimum of 5 years experience with an organized police department of the State, County or a Municipality or an investigative agency of the United States of America or possess 5 years investigative experience that can be documented. Applicant must successfully complete a comprehensive background investigation, which includes a criminal history fingerprint check. NOTE: An individual may only serve as qualifier for one agency; however, they may hold a corporate office position for more than one company.

Q. How do I obtain a Private Detective License?
Download Forms
A. If qualified, applications may be obtained upon written request from the:

New Jersey State Police
Private Detective Unit
Box 7068
West Trenton, N.J.08628-0068.

Q. Do I need a Private Detective License to operate a security company in New Jersey? A. Yes, In order to conduct a security/investigative business in the State of New Jersey you must first obtain a Private Detective License.

Q. What are the fees for a New Jersey Private Detective License? A. The cost for an Individual license is $250.00, Corporation, Partnership, LLP, and LLC, is $300.00.

Q. How long is a New Jersey licensed issued for? A. All issued private detective licenses are valid for a two-year period and are subject to renewal thereafter.

Q. Can an active law enforcement officer hold a Private Detective license? A. No, While an active member of an organized police department he/she cannot hold a private detective license or be a member of a corporate structure.

Q. Do I have to be a resident of New Jersey to be a licensed Private Detective? A. No, out of state residents may obtain a private detective license provided he/she meets the listed qualifications.

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To All:

Suggestion: Contact your own business lawyer before you (advertise or conduct investigations).

A local PI indicated that he knows of several PI-wannabes in NJ who billed themselves as private investigators. The police took a dim view of it and arrested these individuals (based on a violation of the statutes and exemptions).

He also indicated that the title of auditor would work in NJ; IPIU suggests also the title of case examiner. Just be careful (not to violate the statutes).

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To All:

The is a bill in the Assembly -- http://www.njleg.state.nj.us/2004/Bi...00/2566_I1.HTM -- that could have wide impact on PIs.

The bill would make bounty hunters get a PI license.

The current private detective term is replaced by private investigator since detective is used for police.

The big problem I see for investigators (unlicensed) is that they can work for a law office if they are on the payroll and work exclusively fo the law office. If a law office has need of an investigator for 20 hours a week, they can hire one, but the investigator cannot work for anyone else.

Check it out and see if this bill bothers you as much as it does me.

---

The changes to the PI law in New Jersey limit (but not eliminate altogether) the ability of lawyers to hire unlicensed investigators (that is, to have them on staff less than full-time).

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To All:

The bill is still not law and it looks like it would take affect in 2005. The bill still looks like it would prohibit lawyers from having part-time employees do any investigation. unless they did not have any other employment.

This bill limits the employment opportunities for non-licensed investigators - and we still need five years of experience before being licensed.

[Cynthia Ford]

Originally posted by Mary Louise Campbell

The job outlook for owning and operationing an agency doesn't look too promising unless you have a Police backgrown.

I disagree. We have a member's forum that details on how to do very well owning your agency. Our educational department has several authors who also show the proven ways. And the free subscription to PI Magazine has the latest articles on how to succeed.

Originally posted by Mary Louise Campbell
Even if you hire a retired police officer to work for you, it seems that you would've have to work for him/her to obtain your (5) year work experience to obtain your license. Is this correct?

Mary

No, the licensed PI would work for the corporation at a rate that averages 25% to 30% of the retainers. The stock holder (usually the owner) keeps the difference.

Now if the owner also wishes to gain earned hours toward his/her own future license, then the owner becomes an employee of tghe corporation at a trainee's wage of $20/hr or more.

So, yes - the owner as a trainee works under the licensed PI manager, but the manager works under the owner.

[Michael C Demas]

Good news to all,
I have found the information and wanted to share it with you.

I just spoke to special unit of the State Police at 609-882-2000 ext 2680

One approach:
You can be licensed if you can verify working in the insurance field as an investigator for 5 years.

Therefore:
It is another way of getting to PI without doing the police work.

Also other states very on there laws and might be easy to get your foot in the door.

So good luck to all and to all a good night

[Michael Harris]

Legal Affairs,

I am glad that I came back to this thread and reread all the details. I can finally see how I can work locally before I get a license.

You guys do a nice job.

[Donna Reagan]

1) Do I have to go to police academy to obtain a license in NJ?

No.

2) What can I do with what IPIU gives me?

For regulated private investigators (licensed), we have a weekly assignment post in the private forums;

For unregulated private investigators (those who are not required to have a license, including trainees), we have other companies in the Level 4 areas that will hire you for basic under cover work.

If a law office has need of an investigator for 20 hours a week, they can hire one, but the investigator cannot work for anyone else.

That seems appropriate. PI's will just have to handle one case at a time, then take a layoff from the attorney whose case has been completed - and sign on to the next attorney for the next assignment. No more double dipping.

[Matthew Seavey]

What are the proceedures, if any, a licensed PI from Texas must take to be authorized to continue a surveillance on a subject that is travelling to NJ for a few days? Especially on short notice.

Jeff,

Just call the NJ State Police Private Detective Unit in Trenton and let them know you will be here on Surv. They usually do not give you any hassle. If you have any problems email me and I will see what I can do for you.

Matt

[Calvin Burrell -]

I am a Certified Computer Examiner. I'd like to do contract work for lawyers and PI who need computer forensic specialist. Would that investigative work count as experience?

George

The expearence you have is adiquate to cybercrime invetigations so seek jobs in security that need someone to checkon their network security.

[Frederick Budde]

Hello to all,
I have a quick question maybe someone can help me. I have completed my Private Investigator course online (which was costly) now I am finding out it may not even be helpful to me. I live in New Jersey, I have also been investigating credit card fraud for the company I work for. So does this mean after investigating credit card fraud for 5 or more years I am still unable to be licensed?
Thanks in advance for any information on this matter,
Melinda Mclendon

Speaking only from personal experience, most State licensing agencies want a more extensive investigative background than just one field. Try and see if you can expand your background through the IPIU jobs.

[Donna Reagan]

Note to all:

I have cleaned up several of the comments in this topic for clarity, and have condensed some helpful comments posted by Michael Harris into one longer version of his Reply.

Regarding the licensing of anyone who is employed by a licensed PI Agency, the employee is generally covered under the agency's license to perform licensed and regulated duties that are governed only by the state licensing board.

However, an agency may also employ anyone in a different capacity that may not include regulated duties. These postitions may range from receptionist/secretary to case examiner to court records retrieval to anything else where a PI License is not required by the state.

But generally speaking, most agencys employ prospective private investigators under their license to perform duties as a licensed private investigator.

But let's not split hairs and debate the personal choices that any agency may decide to use when fullfilling their hiring needs. In the end, it is the agency that can document their employee records regarding their experience rating, and it is the agency who will decide if they employ people to perform duties that are either regulated or unregulated by the state.

Remember, generally speaking - there is no state law that prohibits anyone from being a private investigator. Rather, it comes down to your method and use of advertising and whether or not your acitivity falls in or out of the posted exemptions and unregulated private investigations listed above by the state.

Further, IPIU fully sustains and supports the New Jersey Licenseing Board's authority and directives from their law makers.

Read our Mission Statement here:
http://www.ipiu.org/forums/showthrea...threadid=13864

Thank you for your cooperation and support,

Donna

[David Copeland]

Donna,

The issue is not employment with a PI firm, but for an attorney. In New Jersey, attornies can perform all the functions of a PI without a license. The effect of A2566, if it becomes law, is to restrict how attornies can use employees. If you are less than full-time and doing any other work, the law would prohibit you from doing any work that looks like invertigation.

I am sorry if I was not clear about that part of the bill.

Thank you for the clarification.

However, until the bill becomes law, let's use a different topic to cover any future discussions and opinions rather than post them in this topic, which is designated for current law.

Again, thank you for your research and notice of the bill.

David

[Julia Kieran 1]

This is really usefull and clarifies that basically that you do need to meet certain criteria to be a NJ LICENSED PI however you can get that experience and get a taste of the business by working under a licensed PI, attorney, insurance company, etc... IPIU offers the assistance in getting started and I think thats a great service!

[Donna Reagan]

I just got my license about a year ago, so I am very familiar with what you need. You need 5 years of investigative experience to become licensed in NJ.

That is correct, except no license is needed for any of the exempted private investigations listed above in the copy of the state statutes. And someone who wishes to start their own agency without any personal experience does not need the five years track record. This is detailed in the forum titled HOW TO OBTAIN YOUR AGENCY LICENSE. SO owning an agency, rather than working for an agency, may be another good choice.

This experience is gained by working under another P.I. or a Police Agency.

And also several others that are listed too, such as an insurance company, law firm, etc.

You can gain this experience outside of New Jersey, so you best bet may be getting licensed in another State.

Excellent tip.

[Frederick Budde]

That is correct, except no license is needed for any of the exempted private investigations listed above in the copy of the state statutes. And someone who wishes to start their own agency without any personal experience does not need the five years track record. This is detailed in the forum titled HOW TO OBTAIN YOUR AGENCY LICENSE. SO owning an agency, rather than working for an agency, may be another good choice.

And also several others that are listed too, such as an insurance company, law firm, etc.


Excellent tip.

Donna;
You do such a nice job of clarifying the posts! Please keep up the good work, (and keep us on the straight and narrow)

[Pedro Ruiz]

Thank You For The Information.

[Matthew Seavey]

Here is the link to the New Jersey State Police so you can see the exact rules in the state.

http://www.state.nj.us/lps/njsp/about/pdet_act.html

[Mark O'Rear--]

Found great information here. I have read there website and it sounds like you still have to be screened in NJ even if you are working for a investigations agency. Any info or clarification on this matter we be great.

[David Tallia]

Found great information here. I have read there website and it sounds like you still have to be screened in NJ even if you are working for a investigations agency. Any info or clarification on this matter we be great.

You are correct sir, NJ is VERY strict. They will screen you either way. 5 FULL yrs as a unlicensed trainee. Believe me, they will verify EVERYTHING.

[Robert Munson]

The state of NJ is in the process of finalizing the separation of Private Investigators and Security Companies/Guards into two different licensing groups.
Overall the rules are the same for either license with the exception that Police are allowed to work as Security Officers.

There is mandatory training and certification for Security Guards under the new rules.

More information can be found in the FAQ at http://www.state.nj.us/lps/njsp/faq.html#pdet.
The actual rules/regulations can be found at http://www.state.nj.us/lps/njsp/abou...detective.html.

[Michael Harris]

Robert,

I see that you have been around for some time, but have not posted much.

If all your posts are as useful as this one, who cares how many (or few) posts you have.

Thanks for the update.

[Robert Munson]

I have been hanging around for quite a while mostly reading and learning. For the most part I have very few questions that have not been answered already in other postings. When I do come up with a question I will be sure to ask it. As for contributions, I add them in when and where I can.

[Nina Conway]

Good to know.

[Phillip Pou Bernard]

So if someone wanted to investigate a case for someone privatly in NJ, in an official compacity but was not a licensed and did not have a licensed PI to start an agency with then they would just have to bill themselvs as anything but a PI? Like case examiner, skip tracer, domestic relations examiner, or what ever you could think up?

[Nina Conway]

Hi Phillip,

Thank you for the information , I'll interest to try this case, Please let me know the detail.

Sincerely,
Nina Conway

[Donna Reagan]

So if someone wanted to investigate a case for someone privatly in NJ, in an official compacity but was not a licensed and did not have a licensed PI to start an agency with then they would just have to bill themselvs as anything but a PI? Like case examiner, skip tracer, domestic relations examiner, or what ever you could think up?

Philip, the general rule is that anyone can investigate anyone without a license. But the moment they accept a payment for the investigation, then they have to make sure the case assignment is either regulated or unregulated by the state. The exemptions listed in Post #1 of this topic show the unregulated areas of type of private investigations. So you have to ask yourself first what type of assignment you are pursuing.

Secondly, all forms of advertising as a private investigator are regulated by the state.

[Phillip Pou Bernard]

Donna, thanks for your reply. But i was still wondering, could i advertise in NJ, that i perform these regulated services for non licensed PI's, and just bill myself as something other than a PI? So for example, would it be legal if i advertised myself, a non licensed PI, under anything but the term 'Private Investigator', and performed these services regulated by NJ law for non licensed investigators?

[Michael Harris]

So if someone wanted to investigate a case for someone privatly in NJ, in an official compacity but was not a licensed and did not have a licensed PI to start an agency with then they would just have to bill themselvs as anything but a PI? Like case examiner, skip tracer, domestic relations examiner, or what ever you could think up?

Phillip,

Donna put you on the right track. The exceptions are for business. If this is a personal matter or for a friend or family member - with no compensation for your effort, you can detect in New Jersey.

You cannot call youself a private detective, because that is for licensed investigators only.

Also, any investigation in which you use a computer to search for information or where you do research in public records is not regulated by the state. If you interview someone in person or on the phone, you might be in trouble. If you have to interview, contact a New Jersey attorney BEFORE interviewing.

Logically, any state should permit electronic and public record searches, but I would not bet my freedom on it. In New Jersey, the State Police wrote the law in 1939 to give retired troopers a job. Former police do not always make good private investigators - they do not have the tools or powers that they relied on as LEOs.

[Phillip Pou Bernard]

Thanks, I recently talked to a friend of mine who is currently a law student and asked her about licensing conflicts with public searches, interviews, surveillance, ect. I havent talked to her since but she told me off the top of her head that when conducting interviews with clients or suspects it might be a good idea to give them notice in advance of your credtials and the state law before proceeding.
Sorry if i am asking the same question twice but this is one thing i want to get as much information on for the time being.

[Michael Harris]

Phillip,

Ask your question as many times and in as many ways as necessary to get the information you need. Besides, there are a few hundred others in the IPIU forums who were afraid to ask the question.

Your friend might be right to suggest that you be as up-front with an interviewee as possible, but the law may still prohibit the interview.

[Calvin Burrell -]

The Privat dective act of 1939 is not that much different now than yesterday. Sora is advanced and nolonger paperbased. Your expearince still counts. The langueage is unlawenforcemnet "Promulgate". All in my three ring binder!

[Robert Munson]

Has anyone heard anything about NJ changing the laws again on PIs and Bounty Hunting as of the first of the year (2007)?

I have been told that they changed them again but have not been able to verify it (as true or false) as of yet.

Figured that if it was true maybe someone here heard it.

[Janice Foster]

Well NJ makes it hard for alot of things, including doing "PI" work, Case Examiner works for me. I believe that is what I asked for on my Business Card.

Ciao,
Janice

[Technical Support - USA]

Has anyone heard anything about NJ changing the laws again on PIs and Bounty Hunting as of the first of the year (2007)?

I have been told that they changed them again but have not been able to verify it (as true or false) as of yet.

Figured that if it was true maybe someone here heard it.

Yes, there are new items posted for Bounty Hunters.

Go here:
http://www.state.nj.us/lps/njsp/abou...y-hunters.html

But nothing appears to have changed for Private Investigators:

http://www.state.nj.us/lps/njsp/abou...detective.html

[Nina Conway]

I agree Janice.

[Michael Harris]

Tech Support,

Thanks. New stuff on 04/13/07.

They waited almost two weeks from the date of your post just to make sure that you would not go back and check.

It is hard keeping track of changes.

[Robert Munson]

At least the new stuff is not new laws placing more restrictions on what it takes to get a licenses.

[Nina Conway]

Wow! you can assist me in setting up a agency without any prior experience on my part.
I am a union member, and I desire to OBTAINING A LICENSE also, because I tried to apply a lot of jobs, and the always turn me down(about do I have a PI lecense?). please suggesting a agency to me, I may get an agency license application, then start from there.

[Michael Harris]

Nina,

The law in New Jersey is funny about licenses. If you want to open your own agency and work from an employee's license, you need to have deep pockets.

I am recommending caution and a great deal of research.

I had dinner with some professional associates last night. One of them retired from a South Jersey police department last year - a lieutenant. He has his license, but is having trouble getting work as PI. He teaches Protection to make ends meet.

This PI has a decent retirement income, a working wife, and income from this teaching/training. He can afford to wait for the opportunities.

My advice - save you pennies, read the New Jersey law on private detectives, re-read the law, and then consult an attorney who knows about the PI business. Then talk to some PIs - ask for an interview for information, do not ask for a job interview. Make sure that you know the law before you talk to anyone - this makes you a serious person. I know that the Bernard Haldane method of job hunting used this technique and it might work for you. But do this for information on setting up your own agency.