​Pre-Employment Polygraph Examination:

The Employee Polygraph Protection Act (EPPA)of 1988 prohibits most private employers and companies from using lie detector tests (polygraphs, voice stress analyzer, deceptograph amongst others)for pre employment screening. The Act states that employers generally may not request or require job applicants to take a lie detector test as a condition for employment or discriminate against them for refusing to do so.


They are also prohibited from asking about previous polygraph tests. However, certain employers are not affected by this law.

  • The EPPA does not cover federal, state and local governmental agencies such as police and fire departments.
  • The EPPA does not cover public agencies such as a school system or correctional institution. 
  • Subject to certain restrictions the EPPA does permit certain private employers to administer polygraph tests.

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These are:

  •  Companies who provide security services such as armored car personnel, the design of security systems (alarms) and the provision of security personnel (guards) in facilities that impact on the safety and health of any state.
  • Companies that manufacture, distribute or dispense controlled substances including pharmaceuticals.​
  • What are the basic requirements for employers who use a pre employment polygraph?


Where polygraph examinations are permitted they are subject to strict standards with regard to how the test is conducted. The examiner must be licensed and bonded. It is suggested that a prospective employee should be given a written notice explaining their rights and the limitations imposed such as prohibited areas of questioning and restrictions on the use of the test results. A prospective employee may refuse to undergo a polygraph, end the test at any time or decline to take the test if he or she suffers from a medical condition.


What questions will I be asked during an employment polygraph?


Generally questions cover aspects such as driving and insurance history, credit background, drug and alcohol use, employment habits, falsification of information, any criminal activities and associations.


According to the Act and the American Polygraph Association the following areas should not be questioned during the polygraph - religious, racial, sexual and political beliefs and affiliations.


Who gets the results of the polygraph?


There are strict limits on the disclosure of information obtained during the polygraph examination. The results of the test alone cannot be disclosed to anyone but the employer and test taker without their permission or, on the basis of a court order, to a court, government agent, arbitrator or mediator.

Criminal Polygraph Examinations:


A Criminal polygraph exam is usually one in which the subject is accused of a crime but denies involvement. The exam is an investigative tool used to assist Law Enforcement in determining a subject’s involvement in a crime if any. As such, it is very useful in determining a subject’s guilt or innocence.


If the exam is done at the request of a Defense attorney, the goal is for the attorney to know the truth so as to better prepare for the defense of the client.

Civil Polygraph Examinations:

These examinations generally are examinations that may be used to resolve business issues in which there is an allegation of internal theft or some other issue that has resulted in a loss to the business. These exams are subject to the restrictions set forth in the Employee Polygraph Protection Act.

Another type of civil polygraph exam would be marital infidelity tests requested by one partner or the other or examinations of sports competitors, prior to the event to make sure no banned substances are being used. There are limits to the number of these exams that can be done in a day and must adhere to proper polygraph techniques and procedures.

Each examination listed below, is performed in a quiet, professional office space at an agreed upon scheduled time.​

Post-Conviction Sex Offender Polygraph Examinations:

Types of PCSOT


INSTANT OFFENSE EXAM (IO): The IO is to address significant issues
involving the sexual crime for which the offender is currently in treatment and/or
under court supervision. The IO shall be limited to known conflicts, which means
there must be sufficient documentation from someone other than the offender
which identifies issues that the offender is partially or totally denying.
It is recommended that if an offender is in denial of the Instant Offense that this
exam be given prior to any other exam. This exam cannot be combined with any
other exam.


INSTANT OFFENSE INVESTIGATIVE EXAM (IOI): The IOI is conducted when
the offenders have admitted all of the reported allegations and any member of
the containment team wants to investigate other possible but unreported
offensive/sexual behaviors between the offender and the IO victim.


SEXUAL HISTORY EXAM (SHE): The SHE is to explore all the aspects of the
sexual background of offenders, excluding IO victims. The SHE may include any
period of time from birth until the start of the current supervision, which mandated
the present treatment. The SHE will be based on relevant information from the
Sexual History Questionnaire (SHQ).


The polygraph examiner will provide the SHQ. It is broadly based to cover a
variety of sexual behaviors to assist in the offenderʼs treatment and supervision.
The SHQ must be completed prior to the polygraph examination. For best
results, therapists and/or groups in advance of administering the SHE should
review the SHQ. Examiners cannot initiate an/or fill out the SHQ document, but
can add information during the pre-test of the SHE.


Victims in the offenderʼs sexual history will be tested on separately from other
offender sexual behaviors and paraphilias. Because victimization issues are the
priority, these issues will be tested for first. If anyone in the containment team
wants other sexual behaviors and paraphilias tested on, a second test can be
requested to cover these issues.


It is recommended the SHE be given after the offender is no longer in denial
about the IO. It is best to resolve the IO first, then to address other aspects of
the offenderʼs sexual history.


SEX OFFENDER MONITORING EXAM (SOME): The SOME is a polygraph
examination that evaluates sexual re-offending and/or the commission of a new
sex crime while in treatment and/or under Court supervision. This procedure is
identified as the “public safety test.” The SOME shall be conducted if any of the
following conditions exist for any officials involved in the treatment and/or
supervision of offenders: when there is the likelihood of sexual re-offense, when
the primary interest is sexual re-offense and/or when there is a specific request.
New Accusations: If a new criminal complaint is made against current sex
offenders, a test of these matters or issues should not be conducted within the
PCSOT model or by PCSOT examiners involved with this offender until or unless
the courts/police/prosecutors have closed their cases.


MAINTENANCE EXAM (ME): The ME is an exploratory exam to investigate
violations of any designated condition of probation, parole or treatment during a
specific and defined time period while the offender is under court supervision
and/or in treatment.


Violations of supervision conditions and treatment contracts can be combined on
the same test as long as the issue is a violation of both. If a possible treatment
infraction would not be considered a violation of supervision, it must be tested as
a separate ME.


PRIOR ALLEGATION EXAM (PAE): an exam used when an alleged sexual
offense occurred prior to that addressed by the current conviction but not made
until after said conviction and the subject has made denials in regard to those
allegations. Victims other than the Instant Offense victims make these
allegations. This exam should not address any sexual criminal charges currently
under investigation and/or pending prosecution.


SPECIFIC ISSUE EXAMS (SI): PCSOTs are generally exploratory examinations
that search for unknown conflicts or have no allegations. When conflicts or
allegations do arise, those allegations must be tested separately using a SI
exam. An exam verifying an allegation against an offender cannot be mixed with
any other type of exam. These conflicts can arise during the offenderʼs sexual
history and supervision period.

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