WALI FAQ

Your questions answered

WE HOPE THIS SPARKS A DIALOGUE

A legal investigator is a private investigator who focuses on supporting attorney clients in
litigation. This typically means evidence gathering, witness interviews, or background research.

Curiosity, candor, and tenacity, to name a few

In Washington, legal investigators who work for more than one law firm must obtain a private investigator license.

Yes, private investigators in Washington are required to obtain licenses. The Washington
Department of Licensing Private Investigator Program issues licenses for private investigators
and private investigation agencies and regulates the profession.

Chapter 18.165 RCW and Chapter 308-17 WAC outline the rules governing the private investigation profession in Washington. The Department of Licensing regulates the profession through its Private Investigation Program.

Visit the Department of Licensing website lookup tool, select Private Investigator from the drop-down menu of license types, and then search for an individual or license number.

The licensing body, the Washington Department of Licensing, accepts complaints online. You can file a complaint against an individual investigator or agency for operating without a license or another offense.

Private investigators have access to tools, data sources, and service providers only available to license holders. We also leverage specialized knowledge, access, and investigative know-how to get results for clients.

Washington requires aspiring private investigators to submit evidence of three years of full-time investigative experience or pass a test covering state and federal laws and sources of information. Investigators who are not employees of another licensed firm will need to apply to open a private investigation agency, complete a statewide background check, pay a fee, and obtain a liability insurance certificate or a $10,000 surety bond.

If you are interested in exploring the field of private investigation before seeking a license, consider enrolling in the University of Washington private investigation certificate program. Many of our members completed this program, which entered a partnership with WALI in March 2024.

Once you are ready, apply for a license through the DOL.

While Washington does not require a specific degree or level of education attainment, most investigators have completed relevant programs that enable them to work effectively as investigators.

For instance, former law enforcement and military investigators often receive extensive training while working in those roles.

The educational backgrounds of investigators who didn’t work in law enforcement before entering the private investigation field vary. Our investigator members’ diverse degrees span from criminal justice, business, and journalism to juris doctorates and an electrical engineering PhD.

Investigators who lack relevant experience are required to pass a test administered by the state.

The information covered in the test includes various topics concerning regulations that impact investigators, which you can review here and here. The best plan is to enroll in the four-hour private investigator training course with a certified trainer, who will work with you to prepare for the test.

Private investigators usually use hourly billing, just like law firms. Most investigations are billed by the hour at the investigator’s rate, which varies based on location, specialty, skill, and other factors.

Investigators also charge for expenses like fuel, court records, and reports from commercial data brokers.

Investigators in Washington may charge flat rates for specific services like background checks.

Many investigators require a minimum number of hours per assignment. Be prepared to pay a retainer at the outset of an engagement. The investigator will typically bill against the retainer and return any unused funds when the matter is complete.

Not in Washington — it’s illegal. Investigating a case on contingency is generally discouraged, as it incentivizes the investigator to provide biased information due to their financial stake in the outcome. Investigations work best when the investigator is free to seek the truth without self-interest in the outcome.

Private investigators operate in a strict regulatory environment.

At the federal level, investigators must comply with the Fair Credit Reporting Act, Gramm-Leach-Bliley Act, Federal Privacy Act, Electronic Communications Privacy Act, Right to Financial Privacy Act, and Drivers Privacy Protection Act, to name a few.

In Washington State, private investigators also adhere to the My Health, My Data Act and Chapter 9.73 RCW, which outlines the acts constituting a violation of an individual’s privacy rights in Washington. In addition, Washington Chapter 19.375 RCW outlines biometric privacy protections. Additional protections related to audio recordings and location privacy are discussed below.

The list above isn’t exhaustive — consult a lawyer for specific legal advice on privacy protections in Washington.

Yes, many — and we’ll likely see more in coming years. Currently, Washington law covers:

GPS Tracking:

Restrictions on GPS tracking devices have struggled to keep pace with innovation, leaving the regulatory landscape murky. In general, a registered owner has the right to track their vehicle.

Until its repeal in 2023, Washington’s cyberstalking law forbade using GPS trackers in a way that caused fear. Under the current Washington stalking law, RCW 9A.46.110, a licensed private investigator acting within their license capacity may use their role as a defense if accused of stalking.

Given the vagueness of current regulations, it is best to consult an attorney for legal guidance before seeking an investigator’s assistance with GPS tracking.

Computer Spyware:

Washington Chapter 19.270 RCW prohibits using computer spyware to conduct surveillance.

Audio Recording:

RCW 9.73.030 outlines Washington’s status as an all-party consent state. Recording conversations requires everyone participating to give permission.

Geofencing:

Washington’s My Health, My Data Act, Chapter 19.373 RCW, restricts the use of geofences around healthcare facilities.

Drones:

The Washington State Department of Transportation regulates drones and unmanned aircraft, and the Federal Aviation Administration rules governing commercial drones also apply. We suggest consulting with these agencies and legal counsel before considering deploying a drone in an investigative capacity.

While many investigators are generalists, we’re all better at some things than others. An agency’s specialty indicates where its investigators’ experience lies and the types of cases it has invested in resources, data sources, and tools to support.

Our association does not evaluate whether each member qualifies for the specialties listed on their profile. We encourage thorough due diligence before hiring an investigator based on these specialties.

Absolutely. Check out our investigative resources section for links to various free information sources. However, in situations where it counts, we advise working with a professional investigator to obtain the best possible result.

To carry a firearm while working as an investigator in Washington, P.I.s must obtain an armed private investigator license. Before issuing an armed license, the Department of Licensing requires applicants to complete a nationwide FBI background check, get a concealed carry license, complete an eight-hour firearms certification course, and pass a test to obtain a firearms certificate issued by the Washington State Criminal Justice Training Commission.

The WSJTC issues firearms certificates after applicants pass a written test and firearm qualification, and all armed investigators continue to qualify annually to maintain their armed private investigator endorsement.

As a veteran, you may be able to use your experience in the military to meet the work experience requirement. Check with the Department of Licensing to learn more.

Military veterans also may qualify for licensing fee reimbursement.

The Department of Licensing will work with the state that issued your license to verify your background. To initiate the process, complete the License Registration Verification for Private Investigators form.

Since most of our members are in Washington, we suggest you visit the National Association of Legal Investigators or the National Council of Investigation and Security Services for vetted professionals in other states.