For individuals holding or seeking to hold a security clearance, polygraph examinations are often required for certain positions. These examinations can often be a source of anxiety and confusion for many. They can also play a significant role in maintaining national security. However, security clearance holders retain some rights when it comes to polygraph examinations. Understanding these rights is important in deciding whether to seek a position requiring a polygraph examination.
What Is a Polygraph Examination?
A polygraph exam measures physiological response, such as heart rate, respiration, and perspiration during the course of questioning. The goal is to determine whether the individual is being deceptive. A secondary goal is to obtain information about security concerns that has not yet been uncovered. Polygraph exams are typically used by federal agencies such as the CIA, NSA, NRO, DIA, NGA, FBI, and others, primarily in the context of security clearance investigations or employment screening.
Why are Polygraph Examinations Required?
For certain higher levels of security clearances, polygraph examinations are required. The purpose of requiring a polygraph exam is for the government to determine an individual’s trustworthiness and integrity in order to access higher-level classified information. Polygraph examinations and the interviews that accompany them also often lead to disclosures of security concerns.
Different Types of Polygraph Exams
There are several types of polygraph exams for security clearance holders. These exams can include:
- Counterintelligence (CI) Polygraph – The CI polygraph focuses on national security issues like espionage and sabotage.
- The Lifestyle Polygraph – This Lifestyle polygraph covers broader topics, including drug use, criminal activity, morality, and personal conduct.
- Full Scope (Expanded Scope) Polygraph – A Full Scope polygraph covers a combination of CI and lifestyle issues.
- Specific Issue Polygraph (SIP) — A SIP polygraph focuses on particular issues of concern, including espionage, sabotage, unauthorized disclosure of classified information, criminal conduct, or other issues.
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 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.
This article is intended as general information only and should not be construed as legal advice. Although the information is believed to be accurate as of the publication date, no guarantee or warranty is offered or implied. Laws,regulations, and government policies are always subject to change, and the information provided herein may not provide a complete or current analysis of the topic or other pertinent considerations. Consult an attorney regarding your specific situation.
