Experience, Disclosure, and Business Name on a PDU License Application
Luis applies to the PDU for a private detective license. He has a two-year associate degree and six years as an insurance claims adjuster: most days are desk review of photos and estimates, but for the last 18 months he has done about 20 field surveillances per year on suspected fraudulent claims. In 2016 he was convicted of DWI (municipal). In 2012 he was arrested for simple assault after a bar fight; the charge was downgraded to municipal harassment and later expunged. The PDU application asks for all arrests and convictions, but Luis omitted the 2012 arrest because 'it was dismissed and expunged.' He has submitted fingerprints and paid fees. He wants to use the business name 'Luis Investigative Group,' print a shield-shaped logo, and begin doing neighborhood interviews for a client next week while the application is pending.
1. Does Luis's experience satisfy the statutory experience requirement? Explain how PDU would likely evaluate it.
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The Private Detective Act requires qualifying investigative experience, generally five years, with limited substitution for education. PDU looks at the actual nature of the work, not just the job title. Desk review of photos and estimates is claims adjusting, not investigation, and is unlikely to count at full weight. The field surveillances are more promising, but 18 months at about 20 per year is a modest amount and must be documented with dates, assignments, reports, and a supervisor who can verify it. The associate degree may substitute for only part of the requirement, if at all. Luis should not assume approval. He should assemble a detailed experience chronology, separate investigative from clerical duties, and be prepared for PDU to request additional documentation or to find him short of five qualifying years.
2. How should Luis handle the 2012 arrest and the pending application? What are the risks of his current approach?
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He should not rely on his own interpretation of 'dismissed' or 'expunged' to justify a negative answer. The application's wording controls, and PDU runs fingerprint-based background checks that can reveal arrests even when a charge was downgraded. If the question asks about arrests, he should amend the application in writing now, disclose the 2012 arrest, and explain the disposition accurately. Omitting a material arrest can be treated as falsification, which goes directly to good moral character and can result in denial regardless of the underlying offense. The 2016 DWI must also be disclosed. Neither a municipal DWI nor a downgraded harassment charge is an automatic bar, but candor, rehabilitation, and the age of the conduct matter. He should not begin work while the application is pending; unlicensed investigative activity is a separate violation.
3. Can he use the name, shield-shaped logo, and begin working next week?
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No. He is not licensed yet, so he cannot perform private detective work for the client next week. The name 'Luis Investigative Group' is less problematic than a name implying official status, but it still must be truthful and may need to be disclosed on the application. The shield-shaped logo is a bigger risk because it can resemble a police badge and imply law-enforcement authority. PDU rules restrict badges, shields, and identification that could mislead the public. He should use a plain business logo, wait for PDU approval, and only advertise after the license is issued. Starting early would expose him to licensing enforcement and could jeopardize the application itself.