7 years later, now what can I do?

[umme]

Long story short I took an FBI poly seven years ago for an internship and was told I did not pass, I failed the drug questions, which was totally unexpected as I was completely within the guidelines and never bought or sold.  It was very upsetting, I didn't know anything about polys at the time. Now I am lookin to get on with a local P.D. so I got my poly records under the FOIA, the examiner said I was deceptive on the drug questions, but what really matters is that the examiner said I made an admission in the pretest that I was involved in possible criminal activity. I wrote a statment about it, which is very benign. In the report he states that I may be involved in "possible criminal activity"  This is absolute garbage, I never made any admision as such. the examiner took my statement and grossly exagerated it and turned it against me. My statement was purely subjective based on youthful speculation. Anyway, the cover letter they sent me says I can appeal any denials in this release. Will it do any good to draft a letter denying my involvement in any "possible criminal activity " suggesting that any notion of such is inaccurate and sending it in as an appeal to what the examiner wrote. Will they put it in my file?  Will they keep my file forever? This was about seven years ago. What options do I have?

[anxietyguy]

Depends on your statement. If you revealed something that is an automatic disqualifier (depending on that paticular agency's guidelines for hiring) for the department your applying for you may have a problem. If it was an FBI internship they will most likely have it on file. Never write any statements out to your polygrapher, they will always be used against you.

Anxietyguy

[George W. Maschke]

umme,

The cover letter stating that you can appeal any denials in the release refers to your right to appeal the Bureau's withholding of certain information contained in your file under claimed exemptions to the Privacy Act. For example, you'll no doubt find that, among other things, the name of your polygrapher was redacted from the file that was released to you. (In my own file, which I also obtained under the Privacy Act, the names of FBI employees were even redacted in letters that I myself had sent to the Bureau appealing my polygraph results!)

Although the cover letter you received was not an invitation to dispute the factual basis of any information contained in your file, it couldn't hurt for you to draft a letter contesting your FBI polygrapher's characterization of your remarks, and requesting that this letter be added to your FBI HQ file. I don't know for sure whether the Bureau would add such a letter to your file at this late juncture, but there is no harm in asking. It might be helpful to have your letter sent by a lawyer. Your FBI HQ file is indeed a permanent record and will be kept indefinitely.

You might want to discuss your legal options with Mark Zaid, a Washington, D.C.-based attorney who is representing a number of plaintiffs who are suing the FBI and various other federal agencies over their unfair pre-employment polygraph policies. You'll find selected filings from these cases here:

http://antipolygraph.org/litigation.shtml#zaid

Mr. Zaid can be reached at:

(202) 223-9050 (work)
(202) 498-0011 (cell)

[umme]

Thank you for your helpful reply. I have drafted a letter and would like to ask where or who I should send it to? Thanks

[George W. Maschke]

I don't know what office within the Bureau would ultimately be responsible for adding your letter to your file, but you might simply address your letter to the director of the FBI:

MR. ROBERT S. MUELLER III
DIRECTOR
FEDERAL BUREAU OF INVESTIGATION
J. EDGAR HOOVER BUILDING
935 PENNSYLVANIA AVENUE, NW
WASHINGTON DC 20535-0001

I addressed my own letters contesting my polygraph results to the then director (Louis J. Freeh), and the letters were ultimately added to my FBI HQ file.