WHAT ELSE SHOULD I KNOW? Polygraph exam results are not always definitive and can be influenced by factors like anxiety or medical conditions, which is why they are typically just one part of a broader security clearance investigation. It’s also important to know that failing or producing inconclusive results on a polygraph does not automatically disqualify you from obtaining or retaining a clearance— agencies consider the full context and allow for appeals or clarifications.
informed if the results are inconclusive or indicate deception. This can often come up in the post-test interview. If the results negatively impact your security clearance, you will likely have the right to challenge the findings through due process.
4. Protection Against Coercion and Abuse
Federal guidelines, such as those issued by the Department of Defense and Office of the Director of National Intelligence (ODNI), prohibit coercive or abusive polygraph practices. Examiners must act professionally and may not use threats or intimidation.
5. Legal Representation During Polygraph Exams
In many instances, individuals will have the right to have an attorney represent them at the polygraph exam. This right varies between different agencies. In some cases, attorneys are permitted to be present and observe the polygraph exam by video, close to where their client is taking it. In other cases, the attorney will be seated nearby so that a client can consult with them on an as-needed basis. Legal representation is not always required, but in some circumstances where there has been difficulties in the polygraph process or where potential criminal issues could arise, it can be important. FINAL THOUGHTS Polygraph examinations are a necessary but complicated part of the security clearance process. Some individuals fare better than others with polygraph exams, but they are a required part of the security clearance process. However, it is important to understand that the person taking the polygraph exam has the choice to end the exam process or to seek legal representation if needed.
YOUR RIGHTS AS A SECURITY CLEARANCE HOLDER Whether you are undergoing a polygraph as part of an initial background investigation, a reinvestigation, or a fact- specific inquiry, it’s essential to know the rights you retain throughout the process. 1. Participation is Voluntary While polygraph exams may be required for certain security clearances and positions, participation is voluntary. Individuals can decline to take a polygraph exam. Federal agencies will inform you that your participation is voluntary. Individuals may also terminate the polygraph exam at any time by informing the polygraph examiner. That said, refusal to voluntarily participate in the polygraph process can impact your ability to obtain or keep a security clearance. As a result, this can affect an individual’s ability to compete for certain cleared employment opportunities. It’s important to ask
for clarification on the consequences of refusal in these situations. When attending a polygraph exam, you will also be asked to sign a consent form indicating your voluntary decision to take the polygraph exam. 2. Explanation of the Nature of the Examination Before starting the polygraph exam, the examiner will explain the purpose of the exam, the types of questions to be asked, and how the results will be analyzed. Those taking polygraph exams will be given details on how the polygraph process will be conducted through the different stages of the exam. 3. Right to an Explanation of the Results While not technically a right, after a polygraph exam, you can ask for an explanation of the findings. While agencies don’t always provide them and are not always required to provide a detailed synopsis, you should be
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