The Out-of-State Hire and the Unregistered Intern
Maria owns a licensed private detective agency whose principal office is in Allegheny County. She is negotiating a contract with a self-insured employer that wants surveillance on a workers' compensation claimant beginning Monday. To staff the job, Maria plans to use (1) her cousin, who holds an active New York private investigator license but has never applied in Pennsylvania, and (2) a 19-year-old intern who has completed 40 hours of in-house training and whose only criminal record is a 2022 misdemeanor retail-theft conviction. Maria is also moving the agency's principal office to Westmoreland County next month and has not notified the court. The client's deadline is 72 hours, and Maria asks whether the cousin and intern can start immediately. She wants to know what filings, registrations, and disclosures are required before either person performs billable investigative work.
1. Can Maria's New York-licensed cousin begin working the surveillance detail immediately? Explain the licensing path and why the deadline does not change the answer.
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No. Under the Private Detective Act of 1953, a Pennsylvania license is issued through the Court of Common Pleas in the county where the agency's principal office is located. A New York license does not transfer or create reciprocity. The cousin must either obtain a Pennsylvania license or be properly registered as an employee of Maria's licensed agency, depending on the role he will perform, before doing billable investigative work. The 72-hour client deadline is a business constraint, not legal authority. Sending him out unlicensed exposes him and the agency to penalties and can damage the client's case if his work is challenged. Maria should confirm the current employee-registration and fingerprint requirements with the court and begin the paperwork, but she cannot lawfully staff the Monday detail with him until approval is in place.
2. What should Maria do about the intern's misdemeanor conviction and the proposed 40 hours of training? Does the conviction automatically bar registration?
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The 40-hour in-house course is not a substitute for licensure or registration. The misdemeanor is not necessarily an automatic bar, but it is a moral-character issue that the court will evaluate, and it must be disclosed fully and accurately. Concealment is worse than the conviction. Maria should obtain the certified disposition, prepare a written explanation, and let the court decide. Until the intern is registered, she may perform only supervised, non-investigative support tasks; she cannot independently conduct surveillance, interview witnesses, or make investigative decisions. Maria should also assign a licensed or registered employee to supervise her and document that supervision.
3. Maria moves her principal office to Westmoreland County. What is the licensing consequence, and what should she file before the move?
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The license is tied to the county and principal office identified in the court file. Moving the principal office without notifying the court can mean the agency is operating outside its license. Maria should file the required notice or application in Westmoreland County, update the surety bond and employee registrations, and obtain written confirmation from the court before using the new office as the base for investigations. She should also review client contracts and insurance for any address or licensing disclosures. She should not assume the Allegheny County license automatically follows her across county lines.