FBI Appeal Process

[FBIApplicant]

I am hoping that someone here will be able to answer this question:  How long does it usually take to get any answer, one way or the other, regarding an appeal?

I wrote an appeal letter regarding a DQ letter I received in February (the DQ was in regards to an inconclusive poly- wasn't told I failed just that I had problems which I am sure that the background check would prove that there were no problems).  The person I sent the appeal letter to replied and told me that they were not the correct person but they assured me that they would pass my appeal letter on to the correct people and that I would soon be hearing from them (I have no reason to believe that they did not do as they said they would since they are the ones that offered me the job in the first place).  The person I sent the appeal letter to is in the higher management of the office I would have been working for at FBI HQ and is also the person I was told by personnel to send the letter to since my applicant co-ordinator was not answering messages (I had left 4-5 messages in a two week period with no response).  

This was over a month ago.  Is this standard for the amount of time for an appeal?  I assume that they would actually notify me one way or the other but maybe I am mistaken.  Should I send another letter to the same person in the hopes that they will try to find out what is going on (although, I don't want to upset someone I "may" be working for by sending a bunch of letters to them)?  Should I send a letter to the applicant co-ordinator referencing the letter to / from the person I contacted in February / March?

If anyone has any information regarding the length of time it takes for appeals, I would greatly appreciate the help.  And I want to thank you all in advance for any help / information.

[Undesireable Candidate]

FBIApplicant-

I too had problems with my polygraph results, and sent a certified letter to Director Mueller as recommended on this site. I received a reply approximately 2 months after the letter had been received, and now have a second polygraph examination scheduled. I'll post with the results at a later date.

Best of luck to you,

Undesireable

[Fair Chance]

Dear FBI Applicant,

Two months from the receipt of your letter is not unusual.  An inconclusive letter is better than a "not within acceptable parameters" letter.  The difference is slight but signicant in the end result.  You should request the second polygraph from the office (return address) that sent you your not acceptable letter.   This may not be at all related to anyone that you have dealt with earlier.

The system is heavily overloaded due to the burden of only hiring people who can "pass" the polygraph.  Your appeal is very important because it serves as an official letter that you contest "not being within acceptable parameters."  Your appeal also lets them know that you are one more taxpayer, as well as applicant, who want some kind of accountability for repealing a conditional job offer based only on polygraph results.  Are truly the "smartest and brightest minds" going to apply for a job that proudly touts the polygraph as being "highly accurate" after reading  the NAS report?

I think the most frustrating part of anyone being not hired due to polygraph results is not being able to get the background check to defend one's reputation and integrity (blind heresay accusations treated as fact would not be acceptable according to the Constitution).

Regards.

[cave run]

i too had an inconclusicvve poly but was told that warrants an immediate re-test which i will have soon

[FBIApplicant]

I guess I should explain...the letter did have the words "not within acceptable parameters" but the tester told me that I was having "problems".  I have to think that it was inconclusive then but who knows how things work.

As I said, my background check would not bring anything up so I know I would be vindicated if that was allowed to proceed but it won't because of the polygraph.

Thank you for your answers and hopefully in the next month or so I should hear something one way or the other.

[Anonymous]

FBI Applicant,

A letter reading "not within acceptable parameters" is the FBI's pleasant method of indicating that you indicated deception during your polygraph - meaning you failed according to their terms.

Cave run is correct in that an inconclusive polygraph typically results in a retest initiated by the examiner on the examinee's behalf simply because inconclusive results do not necessarily indicate deception.

Realize that based on what you said was written in your letter and the fact that your examiner said you were having "problems," you likely did not pass the polygraph as opposed to producing inconclusive results.  This is why you have not been contacted yet for a retest.  Rarely will you hear an FBI polygraph examiner use the term "failed" as that would be calling you a liar.  Rather, the FBI wants to make the disqualification more "legitimate" by indicating that you were not within "acceptable parameters."  In a sense, they are trying to align the polygraph examination with the other steps in the process - Phase I, Phase II, PRT/PFT - all of these need a particular quantified "score" to pass.  The FBI would like you to view the polygraph in this same light to avoid calling you a liar.

The appeal process for a failed polygraph is rather informal and can take a very long time.  Before you are scheduled for a retest you will most likely be interviewed/interrogated by an agent to determine your "sincerity."  It is up to the agent to probe you well enough to provide a report that is then used to decide if you will be granted a retest.

Good luck.

[Fair Chance]

Dear FBI Applicant,

I was found inconclusive on my first test and rescheduled for a retest within six weeks without any action on my part.  I was found "not within acceptable parameters" and appealed the official letter I was sent about three weeks after the second test.  My appeal for the third polygraph went for almost two months before I was scheduled for a third.  I "passed" the third but there is nothing in writing, they just proceed with the hiring process.  Anonymous is correct that the appeals process is not documented or welcomed by the FBI.  The letter they send infers that the decision is final and that is that.   All things in politics and government are subject to appeal.  People make mistakes and the government makes mistakes.  You just have to find the right person to talk or write to.

The FBI is in a jam right now.  The Director has stated that between attrition and new hires, over 1,100 Special Agents and 2,400 support personal are approved for hiring in fiscal year 2004 (Congressional Statement to Congress, Congressional Budget Office, and response to shortcomings in the 9/11 Commission findings).  This money has to be spent or lost.  Assuming the 50% failure ratio that has been publicly documented in interviews in the past, at least 7,000 polygraph test will have to be performed in order to attain the numbers.  

Do not be surprised if the "polygraph failure rate" gets bumped down in the next few months to accomodate the Director's goals.

All appeals are going to take alot longer since there will not be as many open slots available with current examiners or equipment which are taxed to the maximum at this time.

Regards.

[2 time loser]

your story gives me hope. i am going to appeal my 2nd poly whihc i am sure will result in the thin letter.

[Undesirebale Candidate]

All interested parties-

Just an update. I failed my second poly, no surprises there. I noticed that during the 'in-test' phase, I was anticipating the relevant questions just as I did during my first test. I suspect this contributed to my failure, as no countermeasures were attempted. I would have to say that visiting this site and reading other's accounts of polygraph tests before submitting to one's own increase the apprehension about the test, and therefore may significantly contribute to increased chances of failure. I don't plan to contest the results this time. I don't see any point to it, although I will request all records of my previous polygraphs citing the FOIA.

Regards,

Undesireable

[Bill Crider]

this is exactly what happened to me. ( i am the same as 2 time loser and cave run on this post)

I failed my re-test and was very tense during the test knowing when the relvelants were coming. I am going to send in my letter as well. my first test was inconclusive. the fact that you got a re-test after a fail gives me some hope that i'll get 1 more chance to fail it

no offense, but this sites only hurts innocent people who dont use countermeasures. just knowing what i knew made me "feel" deceptive during my poly

and no, im not some polygrapher trying to back door anyone. I just had my 2nd poly on monday and failed

[An Observer]

this is exactly what happened to me. ( i am the same as 2 time loser and cave run on this post)

no offense, but this sites only hurts innocent people who dont use countermeasures. just knowing what i knew made me "feel" deceptive during my poly

Then why do you spend so damned much time on it every day? You've studied the whole site backwards and forwards and read TLBTLD a dozen times I'm sure...

[Bill Crider]

you are correct. now i am looking for help on how to appeal. this is the best site for that. I have also corresponded with polygraphers ffrom pro-poly sites in the last 2 days.

actually, i avoided this site for weeks before my 2nd poly thinking it would not affect me then.

i believe I would have passed without visiting this site. knowledge of all the stuff printed here made me incredibly nervous.

if i do get a re-test then I will go into detail about everything relateing to this site that causes me angst. if that doesnt do it, then it wasnt mean to be.

undesirable, will you tell me what you put in your appeal letter that was successful in getting your re-test?

did you tell your polygrapher that you had read all this stuff? I did not, i only said that i had visited internet sites.

[Kona]

Undesireable and Pillpopper,

Sorry to hear of your results.  

May I ask why you didn't use countermeasures knowing everything that you know about the polygraph?  

Kona

[Bill Crider]

i believe it to be unethical to use countermeasures

[Marty]

you are correct. now i am looking for help on how to appeal. this is the best site for that. I have also corresponded with polygraphers ffrom pro-poly sites in the last 2 days.

actually, i avoided this site for weeks before my 2nd poly thinking it would not affect me then.

i believe I would have passed without visiting this site. knowledge of all the stuff printed here made me incredibly nervous.

So why exactly do you believe this site made you more likely to fail?  Do you believe this site lies about how polygraphs are conducted? Or, if accurate, that knowing the details made you more likely to fail without using CMs?

I tend to believe that information about polys, absent use of CM's, does increase the odds of false positives but there are no published studies on this of which I am aware. One must assume polygraphers believe this as I doubt they would lie if they did not believe it made the polygraph more accurate.

-Marty