Hot Topic (More than 15 Replies) Is my LE career ruined? (Read 16293 times)
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Is my LE career ruined?
May 12th, 2008 at 8:26pm
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Hi, as many of you, I had a nightmare of a poly experience.  I recently took a poly from the FBI and was told I failed on the completeness of application question.  Ironically, that was the one question I felt 100% comfortable with.  I've been in federal law enforcement for years; When I initially became a federal agent, I had to take a poly with a different large LE agency and passed, and since then have undergone 3 background investigations without any issues.  This polygrapher ran a quick test, came back, and said I failed.  I was simply stunned.  After consulting a few of my polygrapher friends (who are very good at what they do), there were many "red flags" with my test and examiner, but I'll spare you the details.

In any case, I've been terrified ever since.  I had no idea the vast repercussions of this prior to taking this poly.  And if I did, I would have NEVER taken it.  According to some legal advice, my current TS clearance is safe.  I did not admit to anything in the poly (there was nothing significant to admit anyway) and I didn't give them any derogatory information.   

My questions:

1.  This information, according to FBI HQ, goes into the Scattered Castles database.  Does anyone know what that is or how it is used for future security clearances?   

2.  I know it will go into the FBI HQ file, which is discovered through a National Agency Check (NAC).  Will it just say I failed, or will it
say I lied on my application (based on the polygraph?)  Wouldn't they need to substantiate that information, beyond a screening poly? 

3. What recourse do I have?  Should I take a retest if offered one?
« Last Edit: May 13th, 2008 at 3:15pm by mls10 »  
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Re: Is my LE career ruined?
Reply #1 - May 12th, 2008 at 9:53pm
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Quote:
I had to take a poly with a different large LE agency and passed, and since then have undergone 3 background investigations without any issues.


Doesn't matter.  I passed a poly at NSA in 1995, then failed one in 2000.  Had 20 years in military intel with 4 successful periodic BIs.

Quote:
In fact, he ran a quick test, came back, and said I failed.  I was simply stunned.


The only reason you were "stunned" is because 

you probably ASSUMED, like most do, the the test can actually detect lies.  But it doesn't.

Quote:
According to some legal advice, my current TS clearance is safe.  I did not admit to anything in the poly (there was nothing significant to admit anyway) and I didn't give them any derogatory information. 


GOOD!  Never admit to anything concerning a relevant question, unless it is the truth.  I have been saying that for a long time!

I am glad to see that those CURRENTLY employed in positions requiring a TS clearance are not LEGALLY effected by these periodic "witch hunts"

Quote:
My questions:

1.  This information, according to FBI HQ, goes into the Scattered Castles database.  Does anyone know what that is or how it is used for future security clearances?   

2.  I know it will go into the FBI HQ file, which is discovered through a National Agency Check (NAC).  Will it just say I failed, or will it
say I lied on my application (based on the polygraph?)  Wouldn't they need to substantiate that information, beyond a screening poly?

3. What recourse do I have?  Should I take a retest if offered one?


If you failed a polygraph, it does follow you.  I dare say you have a very difficult time getting a federal job requiring a high clearance with a failed polygraph in you background.  When applying for such jobs, you are asked to disclose any previous polygraph tests you've taken.

I actually got a call from the local FBI field office wanting to talk with me about a failed poly at the NSA.   

TC
  

"There is no direct and unequivocal connection between lying and these physiological states of arousal...(referring to polygraph)."

Dr. Phil Zimbardo, Phd, Standford University
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Re: Is my LE career ruined?
Reply #2 - May 12th, 2008 at 10:03pm
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Thanks for the information.  Can you explain more about the call from the local FBI office?  Why did you get the call?  Were you applying to the FBI?   

  
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Re: Is my LE career ruined?
Reply #3 - May 13th, 2008 at 2:27am
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Quote:
Thanks for the information.  Can you explain more about the call from the local FBI office?  Why did you get the call?  Were you applying to the FBI?
 

Here is my little "Called by the FBI because of the polycrap test" story:


On April 3rd, 2002, at around 2pm (I remember because it was my son's birthday) totally out of the blue, I get a call from a female special agent from the Honolulu office.  This is two years after my failed polygraph at NSA.  She says she and her partner wanted to set up an appoint with me to talk about "national security".   I ask her why me?  Did she pick my number out of the phonebook or what.  She is evasive.  And doesn't really give me an answer. So I press a little harder and she admits it is due to my NSA application and polygraph.  I ask her why she would want to talk to me over the results of a polygraph taken two years ago.  I get another "we just want to talk to you about issues of national security" bullshit answer.

Naturally, I am getting suspicious, and decide to take it up a notch, so I just tell her:  "Look, I get a call out of the blue from the FBI wanting to talk to me about a bogus polygraph test taken two years ago.  Hey, the guy who tested me said it was 98% accurate.  So why haven't you come over and arrested me?"  She get's a little peeved, and says, arrogantly, if she wanted to arrest me, they would just come over and "kick your door in!"

At this point, and especially after I having lost my trust in LE and/or counter-intelligence types, especially due to my experience with the polygraph (i.e. that being trustful and telling the truth just ain't enough and can backfire), I just tell her I will contact an attorney, and call her the next day.

She agrees.  I call an attorney from this board, forget his name Mark something or other.  I explain what happened.  He recommends calling her back and asking:   

1)  Am I under suspicion for having committed a crime under investigation?   And

2)  Is it MANDATORY I met with them.

I call the next morning (April 4th), Hawaii Standard Time.

I tell her I conferred with an attorney, and he recommended I ask these questions.  I ask them.  Her answers are, NO and NO.

I tell her that I decline her invitation to met.

She responds, suspiciously, "Well, why would you not want to meet with us?"  I respond:  "Well, why would I?"

She starts to get a little milder in tone, and sort of drops the facade a little.  She admits that I am not in any trouble, they are just doing a follow-up.  Mentions the WTC 9/11 attacks (which at that point had only happened recently), and that they are updating their information base....etc.

At this point, I am satisfied they are not trying to con me.  And we talk about the polygraph.  I told her in no uncertain terms what I think of the test.  She halfway agrees, reminding me that SHE had to go through the same process.  They explain that since the attacks, they are trying to turn over every rock when it comes to national security...etc.

I explain that the NSA polycrapper just made a big deal about my interaction with a Taiwan government office in Honolulu, and trips I made to Taiwan.  I explained that I had already met with the Naval Investigative Service in 1992 before retiring from the Navy in 1994 (Chinese Linguist).   Got debriefed for three hours by them, and they didn't have any problem with that, as I kept my clearance and access SCI two years after that (1992-94).  She agreed that she didn't understand why NSA would have a problem with that.

We ended the phoncon amicably.  She even apologized for me and hoped that my experience would not stop me from ever contacting them if anyone suspicious started asking questions about what I did in the Navy...etc.

TC
  

"There is no direct and unequivocal connection between lying and these physiological states of arousal...(referring to polygraph)."

Dr. Phil Zimbardo, Phd, Standford University
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Re: Is my LE career ruined?
Reply #4 - May 13th, 2008 at 4:06am
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Wow, that's quite a story.  Crazy, in fact. ..thanks for sharing it with me.  I have heard that they pay particular attention to failed polygraphs that deal with counterintelligence/national security issues.  I'm assuming that was the case with you.   

It doesn't seem like there's much consistency to this whole failed poly thing.  I personally know of some agents who have failed polys in the past, and are working as agents at different agencies.  I don't think it's true that you're automatically blacklisted...I think it depends on the agency, and likely the person who is doing the adjudicating.  Everywhere I turn I get a different story....just doesn't seem consistent and I'm trying to find some answers! 

Does anyone else have any insight or knowledge on this topic?  The anticipation of the unknown is killing me!  And, is there any way I can help myself?  It just doesn't seem like there's any recourse to this, and I feel so helpless.

Any advice/insight is greatly appreciated!
  
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Re: Is my LE career ruined?
Reply #5 - May 13th, 2008 at 5:21am
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mls10,

Keep checking back.   

It is dinner time here in Hawaii now, bed time on the east coast.

The board moderator, GM, lives in Holland.  I believe it is morning there now.  So he should read your post soon.

TC

P.S.  You may still have a chance since you did NOT make any "eye brow raising" admissions.  You are at an advantage being in LE.  You probably know about the "interrogation games" played in LE to get people to talk.  Most  people don't.  And these same games are played during the polygraph.
  

"There is no direct and unequivocal connection between lying and these physiological states of arousal...(referring to polygraph)."

Dr. Phil Zimbardo, Phd, Standford University
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Re: Is my LE career ruined?
Reply #6 - May 13th, 2008 at 5:59am
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mls10 wrote on May 12th, 2008 at 8:26pm:
1.  This information, according to FBI HQ, goes into the Scattered Castles database.  Does anyone know what that is or how it is used for future security clearances?


The DNI Special Security Center describes it thus:

Quote:
Scattered Castles

The Intelligence Community Security Clearance Repository, commonly known as Scattered Castles, is an up-to-date, authoritative source of clearance and access information on approximately 2 million IC and Department of Defense personnel. Scattered Castles is hosted as Community of Interest (COI) on the Joint Worldwide Intelligence Communication System (JWICS). The scope of the Scattered Castles Program is to provide a common, trusted repository of individuals’ clearance and accesses, easily accessible by a controlled set of security professionals within the IC with a valid need to verify clearance and access information.


Turning to your second question:

Quote:
2.  I know it will go into the FBI HQ file, which is discovered through a National Agency Check (NAC).  Will it just say I failed, or will it say I lied on my application (based on the polygraph?)  Wouldn't they need to substantiate that information, beyond a screening poly?


My FBI polygraph report, including a list of all relevant questions and the examiner's opinion that I was deceptive with regard to all of them, was turned over to the Army's Central Clearance Facility when my security clearance was up for review. Based on that polygraph report, and without any substantiation whatsoever, the adjudicator who revoked my security clearance speculated, "Could subject be the operative in an international spy ring or a courier for a drug cartel?"

Quote:
3. What recourse do I have?  Should I take a retest if offered one?  


While there is no formal appeals process, you can and should write a letter to your applicant coordinator contesting the polygraph results. If you ask for a retest, it may well be offered. However, FBI pre-employment polygraph retests are typically a sham--intended to create only the appearance of fairness--and the examinee's "failing" is a foregone conclusion. Politically, the FBI polygraph unit cannot afford to be seen reversing more than a handful of decisions. To do so would undermine institutional confidence in their voodoo science.

That said, your status as a federal law enforcement officer places you in a different situation than the typical FBI applicant. If granted a retest, you just might be allowed to pass.

Whether or not you choose to subject yourself to this pseudoscientific ritual a second time, you should by all means contest the polygrapher's accusation of deception in writing, as your letter will be added to your FBI file (a permanent record) and will document the fact that you didn't, by your silence, tacitly agree with the false allegation.

You'll also want to file a Privacy Act request for your FBI file so that you will know just what your polygrapher put in his report. On occasion, applicants have found admissions attributed to them that they didn't make.
  

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Re: Is my LE career ruined?
Reply #7 - May 13th, 2008 at 6:09am
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Quote:
FBI pre-employment polygraph retests are typically a sham--intended to create only the appearance of fairness--and the examinee's "failing" is a foregone conclusion.
 

Ditto for NSA retests.  I was retested by NSA at Camp Smith Hawaii the summer of 2000.  I got the same impression (i.e. that they were just trying to appear "fair") This is even more the case when the hiring committee and security get into a "pissing contest" over the hiring of an applicant, as in my case.

TC
  

"There is no direct and unequivocal connection between lying and these physiological states of arousal...(referring to polygraph)."

Dr. Phil Zimbardo, Phd, Standford University
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Re: Is my LE career ruined?
Reply #8 - May 13th, 2008 at 6:26am
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T.C.,

Actually, no. Not ditto for NSA retests. Your experience is not typical. It's not unusual for NSA applicants who go on to be hired to sit for as many as three pre-employment polygraph sessions. In this respect, the FBI's and NSA's retest policies are not comparable.

Of course, the question of "retests" aside, judging a person's honesty and integrity on such a fraudulent procedure such as polygraph "testing" is fundamentally unfair from the outset.
« Last Edit: May 13th, 2008 at 6:54am by George W. Maschke »  

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Re: Is my LE career ruined?
Reply #9 - May 13th, 2008 at 7:52am
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[quote]Actually, no. Not ditto for NSA retests. Your experience is not typical. It's not unusual for NSA applicants who go on to be hired to sit for as many as three pre-employment polygraph sessions. In this respect, the FBI's and NSA's retest policies are not comparable.
[quote]

GM,

I was tested twice at Ft. Meade during my preemployment processing.  Once by one polygrapher on one day, a second test the day after by another polygrapher.  During the second test, they did the post test interrogation (where they start yelling at you and calling you a liar).  I pulled the straps off and told her I thought the test was "bogus".  Also mentioned how Alrich Ames had passed...etc.

To my surprise, I got a call a few months later from the personnel  office wanting to know if I would be willing to do a third test in hawaii.  I never requested a "retest".  The hiring committee wanted me to get another chance.

You know as well as I, the polygraph folks ain't gonna pass anyone who erupts in anger during a post test and evokes the name of Mr. Eames.  That's like putting sand in their condom  Smiley  But they had to satisfy the hiring committee.  I don't think they had any intention of passing me during the retest.

TC

  

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Dr. Phil Zimbardo, Phd, Standford University
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Re: Is my LE career ruined?
Reply #10 - May 13th, 2008 at 3:05pm
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Thank you for the information.  I have already written a letter...haven't sent it in yet, because I haven't gotten the formal failure notice.  Strangely, I wasn't even interrogated post-interview.  I am close friends with many polygraphers, and if they thought someone was being deceptive, they would grill the hell out of them.  The whole thing is just weird.

I will request the report.  Can requesting the report hurt me?  Meaning, do you think it will draw undue attention to my situation?  Also, in theory, if the polygraph was limited and only said that DI's a certain questions, but didn't make specific allegations, etc....will I be in a better position?  If they did make specific allegations that aren't true, how should I handle that?  Fortunately, I wasn't even tested on the national security section.  I think that's a good thing, because that seems to draw the most attention, as in both of your cases.

I can't tell you how much I regret putting myself in this position.  I think most people think the worst case scenario is they won't get the FBI job.  No one I know in LE realizes the vast scope of a failed poly in their background.

I'm trying to stay hopeful regarding the whole thing.  Time will tell.
  
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Re: Is my LE career ruined?
Reply #11 - May 13th, 2008 at 3:34pm
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I doubt that requesting your FBI file under the Privacy Act would result in any adverse consequences beyond those you already face as a result of your polygraph results. If the polygrapher has reported that you admitted something that you didn't, you can contest that in writing, and you might also want to consult with a lawyer regarding what other recourse, if any, you might have.
  

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Re: Is my LE career ruined?
Reply #12 - May 13th, 2008 at 4:04pm
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Thanks.  I guess the anticipation of the unknown is killing me.  As I stated earlier, I've heard so many stories and there seem to be so many inconsistencies.   I guess I'm trying to prepare myself for what I'm facing in the most strategic way possible.  I'm assuming if they don't notify my current employer, I will be facing what you did in 3 years (my update for TS clearance).  Also, I am trying to go to ICE and am completely through the process and waiting for the call.  I know they could offer me conditional employment, and then suddenly reject me during the BI because of this.  It's crazy because they don't even use the polygraph for their agents.  I've been told by a couple adjudicators that this isn't insurmountable, and there's a decent chance I could still be hired.  I'm not happy in my current job, but what if I stay because I can't get hired anywhere else, and then in 3 years during my update they decide to revoke my clearance based on this.  I don't want to be out of a job.  I can't believe how profoundly this exam is affecting me.  It's just so unfair.   

Any suggestions or other experiences/knowledge would be greatly appreciated.
  
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Re: Is my LE career ruined?
Reply #13 - May 13th, 2008 at 6:09pm
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mls10,

Maybe some of the polygraphers who frequent this board can offer some of their self-serving advice.  A typical response goes something like this:

"Gee, there must have been something bothering you about that question.  Probably because you didn't fully disclose everything.  The polygrapher was there to HELP you.  Why didn't you put your full trust in him?  At any rate, no test is perfect.  Now, go join the "pity" party with all the other whiners on this board who THINK they are "false" positives  BTW, what makes you so ENTITLED to a job in LE?  Have a nice day!"
  

"There is no direct and unequivocal connection between lying and these physiological states of arousal...(referring to polygraph)."

Dr. Phil Zimbardo, Phd, Standford University
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Re: Is my LE career ruined?
Reply #14 - May 13th, 2008 at 6:51pm
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Well, yes, I understand your point.  But there WERE things bothering me about some of the questions.  I worry about everything, and I'm overly-conscientious.  I thought about the same issues when I took my original poly years ago, and the polygrapher DID try to help me...and she worked through things with me that were bothering me.  None of which, of course, were disqualifiers.  For example, when I was asked about serious crimes, it bothered me because I thought about how I stole candy when I was young, etc.  I know it's stupid that I think about that during that question, but I do and I can't help it.  Just stupid inconsequential stuff...but things I actually feel bad about.  At one point between cycles, I tried to tell him about this stuff, and he shut me down.   I said, "I can't stop thinking about when I stole candy when I was young...and..." he cut me off and said, "did you kidnap, murder, or commit arson?"  I said "No, but..." he interrupted again, and said, "then don't worry about it".  He resumed the test, and of course, my conscience wasn't clear...he ran another cycle of questions, left the room, and told me I failed on the application question (ironically, the one question I felt very at ease with, so I don't understand how that happened)  I wish I was more assertive and made him listen to me!  I had no idea the test would be that short and there would be no other opportunity to do so.  He didn't even tell me I was reacting to any of the questions.  I thought I was doing fine, despite the things on my mind.    

BUT, I was in my original poly for 5 hours...this one barely last an hour (and that included everything).  He didn't give me the opportunity to talk about things and work through things with me.  I WANTED to because I knew how important it was for me to do that in order to pass.  I even told my husband the night before that I'd probably annoy the polygrapher because I'd end up telling him every little thing I've done wrong in my life.  THAT was my intention, and that's why I feel like it was unfair.  I do believe people fail because something bothers them, and there's something on their mind they feel bad about.  It may be completely insignificant, but it's all relative.  I feel cheated because I couldn't get that small stuff off my chest.  Once I did that in my original poly, everything was fine and I passed without any issues.  But that polygrapher elicited those things from me...she told me I was having trouble with a certain question and asked what was going on.  This guy never did that.  It just seemed like he had no interest in learning anything about me...I think almost everyone would fail if they weren't given an opportunity to talk about the things on their mind and work through it together.  This whole things just sucks.
  
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