Renewal, Conviction, and Experience Verification
Marcus applies for a Hawaii private detective license. In 2015 he was convicted of felony theft in another state and received a five-year deferred sentence, later discharged. He discloses the conviction. He has two years as a process server, one year as an 'insurance fraud investigator' for a carrier (no Hawaii license), and a certificate from a 60-hour online private investigation course. His current employer, a Hawaii private detective agency, has a license that lapsed three months ago but still advertises investigative services. Marcus's application lists the agency as his sponsor and states he has 'three years of investigative experience.' The Board requests records, including the deferral discharge and course syllabus. Marcus asks whether he can begin doing surveillance for the agency while the application is pending.
1. Assess Marcus's experience and education against the Board's licensing requirements. What records matter, and what gaps should the Board probe?
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The Board must apply its current experience and education requirements, not Marcus's self-description. His 'three years' includes two years as a process server, which may involve service and affidavits but not necessarily investigative work, and one year as an insurance fraud investigator for an unlicensed carrier. The Board should ask for a detailed employment chronology, job descriptions, supervisor verification, and samples of work that show investigative tasks such as interviews, scene canvasses, records research, surveillance reports, and case files. The 60-hour online course must be reviewed for Board approval, content, hours, and testing; a certificate alone may not satisfy the requirement. The application must also disclose that the sponsoring agency's license has lapsed; an unlicensed agency cannot properly sponsor or employ licensed work. Marcus should not count illegal or unlicensed work as qualifying experience. If the Board's rule requires a specific number of years or hours, the Board should apply it to the verified record and allow a written explanation for gaps.
2. How should the Board treat the 2015 felony and the deferred discharge? What is Marcus's burden?
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A 2015 felony theft conviction is a significant character-and-fitness issue, even if the sentence was deferred and later discharged. The Board can consider the conviction, the conduct underlying it, the age of the offense, evidence of rehabilitation, compliance with the deferred sentence, and any expungement or discharge documents. A deferred discharge does not necessarily erase the conviction for licensing purposes; the Board should ask for the court order and any expungement order. Marcus has the burden to show rehabilitation and present evidence: completion of probation, no later offenses, restitution, employment history, letters, and a statement. The Board should not apply a blanket bar without considering the current statute and rules, but it may deny or condition the license if the conviction relates to the duties of a private detective, especially theft or fraud. Marcus should disclose everything accurately; failure to disclose is worse than the conviction.
3. May Marcus perform surveillance while the application is pending, and what is the agency's status? Explain the compliance steps.
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Marcus may not perform surveillance for the agency while his application is pending. Hawaii licenses private detectives and private detective agencies, and unlicensed investigative work is prohibited; a pending application is not a license. The agency's lapsed license is a separate violation: it should stop advertising and providing investigative services until reinstated. Marcus should not be used as an independent contractor to do the same work, because that would be an unlicensed-work workaround. The agency should file its renewal or new application immediately, pay any fees, and correct its advertising. Marcus should ask the Board in writing whether any limited trainee or employee registration is available and, if so, work only under the permitted scope and supervision. Until then, he may do non-investigative administrative tasks. The agency should document the corrective steps, notify current clients if required, and consult counsel about contracts signed during the lapse.