Polygraph use in law enforcement isn’t new. Neither is the raging debate on its legal admissibility.
While lie detector tests are commonly administered in criminal investigations, they’ve since become an essential component of employment screening, too.
Polygraph testing helps validate an applicant’s credentials. It also enables recruiters to narrow down on candidates that pose no threat to national security, which is critical considering the position applied for.
Now, the use of lie detector tests in pre-employment screening is a matter of significant legal interest.
In fact, there’s an act regulating that practice. Dozens of guiding precedents exist as well.
But considering that security is on the line, law enforcement officers are happy to employ every trick in the book to weed out unsuitable job candidates. That includes administering mandatory polygraph evaluations.
Here’s a look at what pre-employment polygraph testing in law enforcement entails.
What Is LEPET?
LEPET, short for law enforcement pre-employment polygraph screening, involves administering lie detector tests to individuals applying for law enforcement positions. The practice has become an essential component of the hiring process in law enforcement agencies across the United States.
LEPET follows similar standards to most pre-employment polygraph tests.
The principal difference is the target audience, who face a little more stringent conditions due to the sensitivity of the positions they’re applying for.
How Does LEPET Differ From Specific Issue Testing?
Employment polygraph testing falls into two categories.
First is pre-employment screening. As mentioned, this type of polygraph test seeks to establish a job seeker’s suitability for the applied position.
There’s also specific issue testing, designed to investigate single workplace incidents involving existing employees. Examples of such events include workplace theft, money laundering, sexual harassment, and corporate espionage.
Specific-issue polygraph testing takes on a more targeted approach, making it incredibly accurate. However, pre-employment screening can be just as reliable if professionally conducted.
LEPET Benefits
1. Corroborating Applicants’ Credentials
It’s not unusual for job seekers to lie on their resumes.
Many applicants will happily overembellish their accomplishments to enhance their employability. This is common when highlighting qualifications that are not always immediately verifiable, such as soft skills.
Some job seekers take the fraud a little higher by misrepresenting hard facts, such as their academic achievements and employment history.
Polygraphing law enforcement applicants can help to validate their credentials. It’s the first step in assessing each applicant’s credibility.
2. Examining Prudence in Handling Classified Information
The United States government maintains several security clearance levels, granting access to different types of classified information. Unauthorized access to sensitive information can jeopardize national security.
To minimize security threats, it’s necessary to subject all law enforcement job seekers to mandatory LEPET. Findings from these polygraph tests will reveal if an individual can be trusted with highly classified government materials.
For instance, a previous espionage indictment is an automatic disqualification.
3. Investigating Potential Involvement in Illegal Activities
Law enforcement is responsible for, well, upholding the law. To discharge this duty, the agency requires personnel of integrity.
- LEPET often focuses on job applicants’ past misconduct.
- Does the individual have a criminal history?
- Have they been linked to dubious characters?
- Do they espouse extreme ideologies? What about a history of gun violence or narcotics use?
While an applicant will readily answer “No” to these questions, conducting LEPET can provide deeper insights into their criminal mind.
4. Assessing Applicant’s Moral Code
Besides having a clean criminal record, law enforcement job seekers must demonstrate impeccable ethical standards.
Assume that an individual once made a public comment that may be construed as unethical, such as tacitly endorsing police brutality. In that case, polygraphing them about the remark may shed more light on their personal ideals.
Administering LEPET can proactively guard against the risks of unbecoming conduct, increasing public confidence in law enforcement.
Commonly Tackled Issues in LEPET
As a multi-issue polygraph test, LEPET may address multiple issues. Law enforcement job applicants must understand the frequently asked questions before going into the interview room.
Ideally, most questions target the following areas;
- Academic and technical training
- Work history, including previous disciplinary issues
- Criminal history, including traffic offenses
- Credit rating and history
- Residential history, including residences in foreign countries
- Foreign ties, particularly with the U.S. perceived enemies
- Drug usage and history
- Social media activity
Is LEPET Legal
According to the Employee Polygraph Protection Act (EPPA) of 1988, it’s illegal for most private employers to conduct mandatory lie detector tests on their employees. That’s regardless of whether it’s part of a pre-employment screening or a single-issue investigation.
However, federal, state, and local governments are generally exempted from this act.
Note that many individual states maintain their own polygraph laws, which may be more restrictive and supersede the federal regulations.
As of 2023, Alaska, California, Delaware, Massachusetts, and Connecticut imposed sweeping bans on pre-employment polygraphs. Others include
- Iowa
- Connecticut
- Vermont
- Michigan
- Vermont
- Minnesota
- West Virginia
- New Jersey
- Montana
Check with your local jurisdiction before scheduling a polygraph test.
Strengthening Law Enforcement Credibility Through Polygraph Tests
Law enforcement pre-employment polygraph can help to uncover potential threats to national security. It validates an applicant’s credentials and background, enabling recruiters to hire persons of unquestionable integrity.
LEPET may also reveal information that wouldn’t be so obvious on job seekers’ resumes. That includes previous arrests, substance abuse history, credit ratings, and contact with foreign nationals.
However, the reliability of polygraphs depends on who conducts them.
Insist on a duly credentialed examiner who graduated from an approved polygraph school. Besides, the individual must possess specialized certifications essential for law enforcement testing.
