The Expired License, the Unlicensed Assistant, and the DMV Friend
Devon is a licensed PI in Oregon. Her license expired 45 days ago. She mailed a renewal application and fee 10 days before expiration but DPSST has not yet updated the online license lookup. She continues to work on three cases. Her assistant, Marcus, is not licensed. Marcus schedules appointments, runs database searches, interviews witnesses by phone, and conducts stationary surveillance. He also lists himself on LinkedIn as 'Private Investigator - Devon Investigations.' To locate a witness, Marcus asks a friend who works at the Oregon DMV to run the witness's license plate and give him the registered owner's address. The witness is the only eyewitness to a $75,000 contract dispute. Devon knows about the DMV request and says, 'Just get it done.'
1. Can Devon lawfully continue working while her renewal application is pending?
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Devon cannot lawfully continue investigative work. A license expires on its stated date; mailing a renewal before expiration does not extend it, and a pending DPSST update does not create authority to practice. Until the online record shows active status, Devon is unlicensed, and working on the three cases is unlicensed practice subject to discipline. She should stop investigative activity immediately, verify her status with DPSST in writing, and ask whether she can perform purely administrative tasks. She should also notify affected clients if deadlines require another licensed investigator, and document the lapse. The fact that the renewal is pending is mitigation, not a defense.
2. Which of Marcus's tasks require a private investigator license, and what should Devon do about his LinkedIn title?
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Marcus's licensed status depends on what he actually does. Scheduling appointments and clerical filing are administrative. But interviewing witnesses, conducting stationary surveillance, and selecting and running database searches to obtain information for clients are core investigative activities that require a license. Listing himself as 'Private Investigator - Devon Investigations' on LinkedIn is also misleading if he is not licensed. Devon should stop him from doing investigative work until he is licensed, correct the LinkedIn title, and document his duties. If Oregon requires employee registration, he must be registered as well. A licensed PI cannot use an unlicensed assistant to do the work the license is meant to regulate.
3. What are the legal problems with the DMV request, and what should Devon do now?
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The DMV request is unlawful. The Driver's Privacy Protection Act, 18 U.S.C. §§ 2721–2725, restricts disclosure of personal information from motor vehicle records. A licensed PI can obtain records only for a permissible purpose, with the required certification, and must protect and account for the information. Asking a friend at DMV to run a plate bypasses that process and exposes both the friend and Devon to civil and criminal liability; it may also violate Oregon computer-crime and records laws. Devon's knowledge and 'just get it done' instruction make her complicit. She should refuse the information, not use it, document the incident, and obtain any DMV records through a lawful DPPA request or another lawful source.