At the moment, I am not even focusing on the nice little gift or the ultimate ramifications of the failure, but rather just trying to figure out how, if possible, do I appeal the decision, with the ultimate goal of being able to sit for another polygraph. Whether or not I go through with the appeal, well, that's not clear yet...

Even if you don't get a re-test, you still got a nice little gift from the FBI.  Whenever you now go to get another job in law enforcement and have to take a polygraph, you get to explain how you were not honest on your polygraph test for the FBI.  Afterall, polygraph tests are accurate in the 95% range, (as we keep being told).

Thank you for your reply. I have requested more information regarding the retest refusal through a FOIPA request, although have not received a response to date. I am not sure if the retest refusal is based on "inconclusive" results or "deception". Is there an appeal process in the event that the refusal is based on inconclusive results? What about the recent case of Ahmed Adam, who did manage to get three polygraphs after being failing in part due to deceptive results. (Ahmed H. Adam, Complainant, v. Alberto Gonzales, Attorney General, Department of Justice, Agency; Hearing No. 520-2007-00158X Appeal No. 0120072913 Agency No. F-06-6090; U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION; 2007 EEOPUB LEXIS 3601;
August 21, 2007
Thanks

Unfortunately, there is no appeal process. I suppose you could write a second request addressed directly to the FBI Director. Although such a request is unlikely to be entertained, your letter should be added to your permanent FBI file and will document in the strongest terms that you do not concur with your polygrapher's accusation of deception.

In any event, even had you been granted a "re-test," the result would have almost certainly been the same as the first time: the FBI polygraph unit cannot politically afford to be seen reversing more than a handful of applicant polygraph results. Nearly everyone offered a "re-test" fails it. FBI polygraph "re-tests" are a sham intended to create the appearance, but not the reality, of fairness in a process that is blatantly unfair.

I am applying to the FBI, and made it to Phase II of the application and was told that I failed the polygraph - specifically the questions related to Organized Crime. I requested a re-test but was refused with a claim that I "do not meet the criteria required and will not be afforded further consideration for employment." Is there a procedure to appeal this decision. I cannot find it. Thanks.