Normal Topic Didn't pass the FBI poly - does the NAC preclude me from other Federal Employment? (Read 9904 times)
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Didn't pass the FBI poly - does the NAC preclude me from other Federal Employment?
Jul 28th, 2009 at 6:02am
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Over the weekend, I did receive a letter from the DOJ/FBI, stating something along the lines that the FBI employment process will be discontinued and no further consideration will proceed at this point relative to proceeding with the background investigation, and this reason was due to my not passing the polygraph stage of the process.  I won't get into the whole story, but suffice to say, I think, like many, I felt that the poly experience was neither fair nor scientific...and based on my research and review of this site, it seems like I'm not alone.

At any rate, I am obviously disappointed with this news, but am accepting the fact of the matter and moving forward.  Upon my research about this process, I am curious to know what anybody's knowledge is regarding what this means for me going forward relative to applying for other Federal opportunities within other Agencies.  I am aware that there is a National Agency Check (NAC) database or list.  With the so-called failure of this polygraph stage with the FBI for pre-employment purposes, am I now blacklisted on the National Agency Check database for other inquiries by other Federal Agencies, even if they are not related to law enforcement Agencies and/or positions, but related to just conducting the usual background security investigations?  I am currently working with the a Federal non-Law Enforcement Agency, and applied to this FBI posting back in April of this year, thinking that it would be an interesting change of career or environment, but little did I know that I would be facing all of this ordeal.  Like many people, I certainly am proactive in looking at other Federal job opportunities constantly for the sake of keeping my options open...but of course probably won't be looking at other Law Enforcement Agencies at this point.

I believe you all have a sense of my thoughts and concerns, and where I am leading to.  I would appreciate any candid feedback on this matter based on knowledge and experience.
  
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Paste Member Name in Quick Reply Box George W. Maschke
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Re: Didn't pass the FBI poly - does the NAC preclude me from other Federal Employment?
Reply #1 - Jul 29th, 2009 at 4:21am
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To the best of my knowledge, your FBI polygraph results won't automatically preclude you from other federal employment. But they'll raise a red flag and may put you at a competitive disadvantage to the extent that security personnel place any reliance on polygraph chart readings. For example, the army security clearance adjudicator who ultimately decided to revoke my clearance following my FBI polygraph failure openly speculated -- based on nothing more than the polygraph -- "Could subject be the operative in an international spy ring or a courier for a drug cartel?"
  

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Re: Didn't pass the FBI poly - does the NAC preclude me from other Federal Employment?
Reply #2 - Jul 29th, 2009 at 2:31pm
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Hi George,

Thank you for the feedback and reply.  I actually e-mailed the FBI applicant some of my concerns that I outlined below, and she responded very quickly.

Her first reply is as follows:

"The discontinuance of your FBI application does not amount to a denial of a security clearance, so it shouldn't have any effect on future employment with other federal agencies.  The FBI would consider an applicant who had not passed a pre-employment polygraph taken during the application process at another agency.  Our reasoning is that what that agency was looking for was likely different that what we are looking for in an applicant.  You are not blacklisted from federal employment."

I then inquired about the whole NAC issue, and how that would affect me if other Agencies look into that, and her reply is as follows:

"I don't believe the FBI enters applicant information into that database.  The fact that you didn't pass the polygraph would not be entered, even if we did.

Take care and best of luck to you in the future"

So that is the word from her officially in writing.  Hopefully that is the truth.  What are your further thoughts on this reply from them?  At this point, I am planning to just look and continue to apply for other Federal jobs that are not law enforcement related, since I am already a current Federal employee in a non-law enforcement world.  Yet, I am still concern if regular Agencies, like say the USDA, HUD or SBA, would still check the NAC database for their regular security background investigation, etc.

Thanks again in advance to everything!
  
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Re: Didn't pass the FBI poly - does the NAC preclude me from other Federal Employment?
Reply #3 - Jul 29th, 2009 at 4:05pm
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My understanding is that the NAC will show that you have an FBI file, which will then be requested and reviewed, at which point the polygraph results will come to light.
  

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Re: Didn't pass the FBI poly - does the NAC preclude me from other Federal Employment?
Reply #4 - Jul 29th, 2009 at 5:19pm
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Hi George,

Thank you for the note.  Well, I guess there is nothing I can do about that at this point.  I'll save those correspondences from the FBI Applicant Coordinator for my records, and hopefully she's right rather than not.

I will be sending a FOIA request to get all my information regarding the results, etc., and I'll be sending out some compliants, etc. of my overall experience to the congressional folks.

Thanks again!
  
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Re: Didn't pass the FBI poly - does the NAC preclude me from other Federal Employment?
Reply #5 - Jul 29th, 2009 at 5:35pm
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Also, do not forget to send a letter certified mail contesting the results, if you have not done so already.

You do not want an uncontested polygraph operator's written report accusing you of deception to be the last thing in your FBI file.
  
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Re: Didn't pass the FBI poly - does the NAC preclude me from other Federal Employment?
Reply #6 - Jul 29th, 2009 at 7:06pm
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G. Scalabr,

Thank you for the note.  Yes, the letters have all now been sent, certified with return receipts.  I basically outlined my whole experience, and how I protest my treatment, etc.  I sent one to the DOJ OIG, and one to the FBI OPR office.  I also sent one to my congressman, two to my US senators, one to the chair of the senate judiciary committee, and one to Pres. Obama for the heck of it.

I figure it doesn't hurt to send out my voice of compliant as a right of my citizenship!
  
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Didn't pass the FBI poly - does the NAC preclude me from other Federal Employment?

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