Next Steps After A Polygraph Exam Failure
We defend and advise government contractors, military personnel, and federal employees who have polygraph examination issues. We do this as part of our security clearance practice. The polygraph examination is a central part of the security clearance process for many employees, depending on their required level of access. For certain federal agencies and clearances, like for sensitive compartmented information (SCI) access, many federal agencies require a polygraph examination. Many clients come to us when they have failed a polygraph examination. They also consult with us when they are facing the decision to make certain disclosures in connection with a polygraph examination or discontinue the process. Additionally, clients meet with us when polygraph examination issues result in a Statement of Reasons.
What is a Polygraph?
The polygraph is a machine designed to detect and record changes in physiological characteristics, such as an individual’s pulse and breathing rates. Some people also refer to it as a lie detector. The exam measures these physiological responses while the individual answers a series of questions. The goal of the polygraph is to attempt to determine whether the individual is being truthful, particularly about issues that could pose national security risks. These risks can include such issues as foreign connections, drug use, financial debts, or criminal activity. The exam is usually administered at the federal agency where you are seeking security access. The exam will then be given by an experienced polygraph examiner. Depending on the type of polygraph examination, the testing session could last 2 to 7 hours.
When is the Polygraph Exam Used?
Polygraph tests are typically used during the background investigation process for higher-level security clearances.They are discussed in Security Executive Agent Directive 2 and DOD Instruction 5210.91. In some polygraphs, the examiner asks a series of yes-or-no questions related to national security concerns, such as whether the applicant has committed espionage or had unauthorized contact with foreign nationals. Additional government guidance on the use of polygraphs within the Intelligence Community (IC) is provided in ICPG 704.6. The exam is meant to be one of many tools in determining a person’s reliability and trustworthiness. While polygraphs are not foolproof and can be influenced by a variety of factors — such as nervousness, medical conditions, or even the examiner’s approach — the results can have a significant impact on the outcome of a clearance investigation. Additionally, the exam process itself may lead to other security disclosures outside of the testing phase. A failed polygraph, however, does not automatically result in disqualification, but it is a potential red flag that must be considered and addressed.
Polygraph Exam Failures During Clearance Investigations
If you fail a polygraph examination, it is important to understand that this does not necessarily mean the end of your security clearance process. The next step typically involves a follow-up interview with the agency conducting the investigation, where you may be asked to discuss issues related to the results of the polygraph. During this interview, it is crucial to be honest, calm, and cooperative. Some applicants may find themselves in a situation where they fail the polygraph, either due to physiological reasons, anxiety, or other factors. This is fairly common. Understanding how to handle this outcome is essential for safeguarding your clearance prospects. We represent individuals in polygraph and security clearance matters.
In many cases, polygraph results may be inconclusive or misinterpreted, and further clarification or re-testing might be necessary. If the failure is related to a specific issue, such as a misunderstanding or anxiety, providing evidence or context may help clear up any doubts. However, if there is a legitimate concern — such as involvement in illegal activities or a failure to disclose critical information during the background check — the results could jeopardize your eligibility for a security clearance. If criminal issues come up, it is important to discuss these with counsel to see if the continued polygraph examination process is in your best interests. Some polygraph disclosures can lead to criminal concerns.
Additional Polygraph Examinations
If you are unable to pass a polygraph examination, you should consider requesting a second (or third) examination, especially if you believe that anxiety or other non-deceptive factors have affected the results. In some cases, it has taken some individuals 4 or 5 polygraph examinations to pass. You may also want to consult with a security clearance lawyer with expertise in polygraph examinations who can help you understand the security clearance process.
If there are unique issues that led to the failure — such as a past criminal act or undisclosed financial problems — you must be prepared to address these concerns in a transparent and honest manner. Failure to do so could be interpreted as a lack of trustworthiness, which could ultimately harm your clearance prospects. In some cases involving criminal issues, legal advice about whether to continue in the process is crucial. It is critical to maintain a high level of honesty and transparency throughout the polygraph process. Review your background information carefully if there are potential security concerns at issue. If you are particularly concerned about the polygraph examination process, consider speaking with a security clearance lawyer in advance, who can advise you on legal issues that could come up
Additional Considerations
A failed polygraph for a security clearance is a serious issue, but it does not necessarily spell the end of your clearance application. Keep in mind that when important issues come up during a polygraph examination, an individual, depending on the agent can request to have counsel nearby or observing the process. By understanding the polygraph process, being prepared to address any concerns in the aftermath, and seeking professional advice when necessary, you can increase your chances of successfully navigating this challenge. The key to handling a polygraph failure is to remain honest, transparent, and cooperative throughout the process. With the right approach, you may still be able to resolve any issues and move forward in the security clearance process.
Contact Us
Our security clearance lawyers represent and advise individuals in polygraph and security clearance matters. If you need legal assistance, please contact our office at (703) 668-0070 or at www.berrylegal.com to schedule a consultation.
