Polygraph problem

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jmk101

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Ok so here is my dilemma….

I was recently offered employment with a particular government law enforcement agency. However, I have to pass a polygraph. I took the polygraph a week ago and just received a phone call saying I failed on the question, "did you deliberately withhold information asked of you on your application?"

Here is the problem: I didn't withhold of required information at all. HOWEVER, when I was 16 I was locked up in one big misunderstanding (around the wrong people at the wrong time). A judge said that everything was expunged and that I did not have to disclose of this event to anyone for any reason, basically to live my life as if It didn't happen. Now for this reason I wasn't even thinking about this event while taking the polygraph. After all, it is not a requirement for my application. There were not any questions that asked "Were you ever arrested and told that you did not have to disclose of the arrest?", (I have had applications that specifically ask that question) but, not on this app.

I called the investigator and filled her in on this and she told me that i will receive a letter from HQ that will have a contact person whom I can ask to take the polygraph over again. I am suspicious about how this all went down. I believe that the polygraph result would not show any deception and they had information of the event and were trying to trick me into disclosing the information.

I feel this is unlawful for several reasons:
1. I was a juvenile
2. I was told that I did not have to disclose of the information for any reason
3. They should not have any record of this event
4. This event should not have any bearing on whether or not I am offered a job or not

I'm not sure if I am right about all of this or if I was just told wrong information by a judge. Furthermore, I was wondering if I should seek legal advice in preparing a statement when I receive the letter from HQ?

The worst part about this is that I am in grad school working toward my masters (MPIA) in security and intelligence studies. There isn't much opportunity for people like me in the private sector. So, I will have to get a security clearance one day. Failing a polygraph for this agency could mean I will NEVER receive a security clearance EVER (This might give away the agency I'm talking about). So, there goes $100,000 in student loans… any advice would be greatly appreciated.
 
Help me understand: You admit you didn't explain everything on your application, right?
 
Because you failed on that one question, does not mean you failed the whole polygraph.
If this incident is causing you to fail a polygraph, then you cannot withhold it.
 
Reread the application again, you may have missed something you're not aware of. If they are letting you take the test again and you have now disclosed your "secret" you should pass with flying colors. Go online and read what expunged really means... information never disappears and if this "government" agency wants the info they can get it and it's not illegal. It very well may have been a "test" and by revealing your past it may actually help you now on this second polygraph. Good Luck!
P.S. You said you didn't withhold any "required" information which sounds like you withheld something that may have made you feel "guilty" thus failing the poly. Evaluate this, and like I said reread the application.
 
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The examiner told me he failed me based on that question. I didn't withhold the anything at all from my app. When the question was asked it wasn't even on my mind. I knew I wasn't required to disclose of the information. It was afterwards when I was brainstorming on what to do next that I realized either A) it was a test and they already have the information or B) they were bullshitting me and it is routine to fail applicants on the fist test in order to scare them into revealing these type of things.

My point is: That event should, in no way, have any bearing on if I receive employment or not, regardless if I disclose of it or withhold it. If I did fail based on me showing deception because of that event then I would have no choice but to reveal the information even though it isn't deception it is exercising the right I though I had been given by a court order.

At this point I'm not worried about disclosing the information. What I'm worried about now is if they conclude that I am deceptive because I originally withheld that information. But I feel that I was within my legal right not to disclose of this event, nor was I required to do so as per the application, then I did nothing to violate any rule of law or policy within the agency.
 
The examiner told me he failed me based on that question. I didn't withhold the anything at all from my app. When the question was asked it wasn't even on my mind. I knew I wasn't required to disclose of the information. It was afterwards when I was brainstorming on what to do next that I realized either A) it was a test and they already have the information or B) they were bullshitting me and it is routine to fail applicants on the fist test in order to scare them into revealing these type of things.

My point is: That event should, in no way, have any bearing on if I receive employment or not, regardless if I disclose of it or withhold it. If I did fail based on me showing deception because of that event then I would have no choice but to reveal the information even though it isn't deception it is exercising the right I though I had been given by a court order.

At this point I'm not worried about disclosing the information. What I'm worried about now is if they conclude that I am deceptive because I originally withheld that information. But I feel that I was within my legal right not to disclose of this event, nor was I required to do so as per the application, then I did nothing to violate any rule of law or policy within the agency.
 
The examiner told me he failed me based on that question. I didn't withhold the anything at all from my app. When the question was asked it wasn't even on my mind. I knew I wasn't required to disclose of the information. It was afterwards when I was brainstorming on what to do next that I realized either A) it was a test and they already have the information or B) they were bullshitting me and it is routine to fail applicants on the fist test in order to scare them into revealing these types of things.

My point is: That event should, in no way, have any bearing on if I receive employment or not, regardless if I disclose of it or withhold it. If I did fail based on me showing deception because of that event then I would have no choice but to reveal the information even though it isn't deception. I was simply exercising the right I though I had been given by a court order.

At this point I'm not worried about disclosing the information. What I'm worried about now is if they conclude that I am deceptive because I originally withheld that information. But I feel that I was within my legal right not to disclose of this event, nor was I required to do so as per the application, therforeI did nothing to violate any rule of law or policy within the agency.
 
polygraph tests are bullshit, if you have no fear of the conclusion, if you are fear full i.e. nervous, you will probably stumple and fail on an uncompfortable question, even if you are being totally honest, i have been acquited of a viloent crime due to a poly graph test, and i still think they are not very accurate!!!
 
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