Polygraph Examinations for Federal Employees and Contractors

Federal employees and government contractors may be required to undergo a polygraph examination as part of the security clearance process or as a condition of obtaining access to certain classified information. These examinations are particularly common in positions involving intelligence agencies and sensitive national security duties.

A polygraph, commonly referred to as a lie detector test, measures and records physiological responses, including blood pressure, respiration, and pulse, while an individual answers a series of questions. The theory behind polygraph testing is that deceptive answers may produce measurable physiological changes. However, polygraph examinations are not infallible, and an individual’s physiological responses do not necessarily establish deception.

For federal employees and contractors, polygraph examinations can raise significant concerns, particularly when an examination produces unfavorable or inconclusive results. Individuals facing these issues may benefit from consulting an experienced security clearance attorney.

Types of Polygraph Examinations for Security Clearances

There are two primary types of polygraph examinations used in the federal security clearance process: (1) the Counterintelligence Polygraph examination (CI Polygraph) and (2) the Lifestyle Polygraph examination (Lifestyle Polygraph).

The CI Polygraph is commonly used in the security clearance process and focuses on potential national security concerns, including espionage, sabotage, terrorism, unauthorized disclosure of classified information, improper foreign contacts, and deliberate damage to or misuse of U.S. government or defense systems. A CI Polygraph differs from a Lifestyle Polygraph, which addresses more personal matters.

The Lifestyle Polygraph focuses on an individual’s personal conduct and potential security concerns that could make the individual vulnerable to blackmail, coercion, or exploitation by foreign governments or others. Lifestyle questions are generally included as part of a Full-Scope Polygraph examination, which also covers counterintelligence issues.

Issues Examined During a Polygraph Examination

CI Polygraph examinations often involve questions concerning espionage, contacts with foreign intelligence services, terrorism, and the unauthorized disclosure of classified information. Questions involving the improper disclosure or handling of classified information can be a significant area of examination.

Lifestyle Polygraph examinations generally focus on more personal matters, including sexual conduct, drug or alcohol use, criminal or illegal conduct, dishonest behavior, financial concerns, and other potentially relevant personal conduct. Depending on the agency and the type of examination, questions may also address behaviors that could create security vulnerabilities.

The specific questions asked during a polygraph examination will depend on the agency conducting the examination, the individual’s position, and the scope of the polygraph required.

How Polygraph Examinations Are Conducted

Polygraph examinations are administered by trained polygraph examiners who must satisfy applicable federal training and qualification requirements.

Within the Department of Defense (DoD), polygraph examinations are governed by DoD Instruction 5210.91, Polygraph and Credibility Assessment (PCA) Procedures. These examinations commonly take several hours to complete, although the duration can vary. Examinations are generally recorded by audio or video equipment.

An individual may decline to undergo a polygraph examination. However, refusing a required examination can negatively affect eligibility for certain security clearances, assignments, or access to classified information. The consequences depend on the individual’s position, the agency involved, and whether the examination is required.

There are generally three distinct phases to a polygraph examination conducted in connection with a security clearance investigation.

1. Pre-Test Phase

Polygraph examinations generally begin with a pre-test phase during which the examiner explains the examination process and prepares the individual for testing. During this phase, the examiner typically reviews the purpose of the examination, the procedures involved, and the general subject areas that will be covered.

The examiner will also review the questions to be asked before the testing begins. This provides the individual with an opportunity to raise concerns, seek clarification, and address any confusion regarding the questions.

During the pre-test phase, the examiner will explain the equipment and obtain the individual’s consent to proceed. Depending on the agency and applicable procedures, individuals may also have an opportunity to consult with legal counsel regarding concerns arising during the examination process.

2. In-Test Phase

The in-test phase is the portion of the examination during which the individual is connected to the polygraph equipment and asked a series of questions.

Depending on the examination required, these questions will address counterintelligence matters, lifestyle issues, or both. The examiner will typically ask relevant questions along with other questions used as part of the testing process.

Questions may be repeated several times while the polygraph equipment records the individual’s physiological responses. The examiner then evaluates those responses in accordance with applicable testing procedures.

3. Post-Test Phase

Following the in-test phase, the examiner may conduct a post-test interview to discuss any questions or issues that remain unresolved.

During this phase, the examiner may ask the individual to explain certain responses or provide additional information concerning matters identified during the examination. In some circumstances, further questioning or additional testing may be necessary.

The examiner will generally make an initial assessment of the results, which may be subject to additional review under the agency’s procedures. Depending on the agency, a supervisor or other authorized official may also observe or review the examination.

Follow-Up Polygraph Examinations

If an individual does not obtain a favorable result during an initial polygraph examination, the agency may schedule one or more follow-up examinations. An unfavorable or inconclusive polygraph result does not necessarily mean that an individual has engaged in misconduct or intentionally provided false information.

Some agencies allow multiple opportunities to resolve questions arising during the examination. However, the number of additional examinations permitted varies depending on agency policy and the circumstances involved.

Unresolved polygraph results can create difficulties for federal employees and contractors seeking to obtain or maintain access to classified information. In some cases, the agency may conduct additional investigative steps or take action affecting the individual’s access or eligibility.

Individuals facing unresolved polygraph issues should carefully consider their options, particularly before making additional statements or participating in follow-up interviews concerning potentially significant security issues.

Contact Polygraph Security Clearance Lawyers

Berry & Berry, PLLC represents federal employees and government contractors in polygraph-related matters and security clearance cases. Our attorneys assist individuals facing concerns involving polygraph examinations, security clearance eligibility, and other issues affecting their federal employment, MSPB appeals or access to classified information.

If you have questions about a polygraph examination or are experiencing difficulties with the security clearance process, please contact Berry & Berry, PLLC at (703) 668-0070 or visit our contact page to schedule an initial consultation with an experienced security clearance attorney.