Do you need to be a PI to do Forensics?

Do you need a private investigators license to practice forensics in Texas? Well in many cases yes.  If, for example, you are directly securing evidence and analyzing said evidence, then yes you do.  However there are exceptions. Frequently I am asked to render an expert opinion in court cases regarding forensic procedures.  According to the Texas Department of Public Safety a scientific review and even serving as an expert witness does not require a private investigator license “Section 1702.130 of the Texas Occupations Code defines an investigator as one who, among other things, “engages in the business of securing, or accepts employment to secure, evidence for use before a court….”  However, the mere fact that a person is testifying, even as an expert, is not dispositive, since the proposed testimony might not be based on an investigation.  For instance, the review of evidence exclusively provided or obtained by licensed investigators, or testimony in court related to such evidence, does not require licensure.  Such review would not constitute “securing evidence,” but rather the review of previously secured evidence.”(https://www.txdps.state.tx.us/RSD/PSB/Laws/psb_opin_sum.htm)

There are other exception (also discussed on the above referenced TX DPS website), such as Network Vulnerability Scanning: “Because the department does not regulate software designers, installers, or suppliers, it also does not regulate those who provide consulting services related to computer network security.”

It is best to consult with the TX DPS documents yourself to ensure you are in compliance.  It should be noted that many organizations including the American Bar Association have objected to Texas (and a few other states) requiring a private investigator license in order to conduct forensic examinations, but as of this date, this is the law in Texas (with the exceptions noted above).

 

Chuck Easttom

 

2017-05-30T08:45:50-05:00

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About the Author:

The Allegiant Investigations - Private Investigator Blog includes articles and information that Dennis Ozment has found to be interesting and helpful to Allegiant Investigation clients. Each article not written by Dennis includes information about where the original article can be found. Dennis Ozment is the Owner and Manager of Allegiant Investigations. He is a licensed Private Investigator in Texas and holds an FCRA Certification for Employment Background Screening from the National Association of Professional Background Screeners. Dennis is a member of the National Association of Investigative Specialists, the Texas Association of Licensed Investigators and the North Texas Professional Investigators Association. Dennis is also licensed Texas Concealed Handgun License instructor. Family Law Investigations - Domestic Investigations, Divorce Investigators - Family Law and Domestic Investigations, Child Custody Investigators - Family Law and Domestic Investigations, Allegiant Investigations - Texas Private Investigators
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