Our client worked for the National Archives and Records Administration (NARA) but was applying for positions at other federal agencies. She took a polygraph test as part of the application process. Due to the stress of the exam, she failed questions regarding handling classified information. After the test, in an effort to cooperate with the investigation, she told the examiner about any time that she could have potentially mishandled classified information. The examining agency sent the information to the employing agency. NARA initiated a security clearance inquiry into the client’s potential mishandling of classified information.
We prepared a response to the inquiry, explaining that our client was under immense stress and that the examiner pressured her to write down anything that crossed her mind. We also noted that the examining agency merely paraphrased the post-test discussion and omitted portions of the conversation in which the client clarified her misstatements. NARA concluded that the client did not mishandle information and found in her favor.