This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.
By John V. Berry, Esq
The polygraph examination is a key component of the security clearance process for individuals seeking access to classified information in sensitive government positions, usually within the Intelligence Community (IC).
The test measures physiological responses — such as heart rate, blood pressure, and respiration — while the subject answers a series of questions. The goal is to determine whether the individual is being truthful, particularly about issues that could pose a security risk, such as drug use, criminal activity, or foreign contacts.
However, some applicants may find themselves in a situation where they fail the polygraph, either due to physiological reasons, anxiety, or other factors. Understanding how to handle this outcome is essential for safeguarding your clearance prospects. We represent individuals in polygraph and security clearance matters.
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. 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.
The test 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. A failed polygraph does not automatically result in disqualification, but it is an important red flag that must be addressed.
Failing a Polygraph Exam
If you fail a polygraph exam, it is important to remember 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 explain the results of the polygraph. During this interview, it is crucial to be honest, calm, and cooperative.
In some 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.
Additional Steps & Subsequent Polygraph Examinations
If you are unable to pass the polygraph, you should take immediate steps to address the issue. First, consider requesting a second (or third) examination, especially if you believe that anxiety or other non-deceptive factors affected the results. You may also want to consult with a security clearance attorney with expertise in polygraph examinations who can help you understand the security clearance process.
If there are specific 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 it could lead to a Statement of Reasons proposing to deny a security clearance.
To avoid potential issues with a polygraph in future clearance applications, it is vital to maintain a high level of honesty and transparency throughout the process. Review your background information carefully and disclose any possible issues, even if they may seem minor. If you are particularly concerned about the polygraph or the questions you will be asked, consider preparing in advance by speaking with a security clearance lawyer who can advise you on how to handle the process.
Final Thoughts
A failed polygraph for a security clearance is a serious issue, but it does not necessarily spell the end of your clearance application. 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 law firm represents and advises federal employees in various employment law matters. If you need legal assistance regarding a federal employment matter, please contact our office at (703) 668-0070 or at www.berrylegal.com to schedule a consultation.
