Inaccurate Polygraph Results: How to Challenge Them

Why False Positives Are Devastating

A polygraph result that says Deception Indicated when the examinee is telling the truth — known as a false positive — can be profoundly damaging. The APA defines a false positive as an outcome where a truthful examinee is reported as deceptive, and a false negative as one where a deceptive examinee is reported as truthful [1]Verified Polygraph Frequently Asked Questions
Confirms APA definitions of false positive and false negative, examination duration standards of 90–120 minutes, and that there is no evidence anxiety causes truthful people to fail. Unlike many other forms of assessment, a polygraph result carries an implicit moral judgment: it tells the world you are lying. When that judgment is wrong, the consequences extend far beyond the testing room.

In family court proceedings, an inaccurate Deception Indicated result can tip a custody decision against a truthful parent. While polygraph results are classified as circumstantial evidence requiring logical inference rather than direct evidence [2]Verified Results of Polygraph Examinations: Direct or Circumstantial Evidence?
Confirms polygraph results are classified as circumstantial evidence requiring logical inference rather than direct evidence, judges and family court evaluators can still be influenced by such findings. In employment contexts, a false positive can cost someone their job or career advancement. In criminal investigations, an inaccurate result can redirect investigative resources away from the actual perpetrator and toward an innocent person.

Research by Tuvya T. Amsel has demonstrated that interrogative examiner approaches aimed at extracting confessions rather than diagnostic truth assessment can significantly compromise polygraph validity and lead to false positives [3]Verified Examiner Approach and its Impact on Polygraph Results
Confirms interrogative examiner approaches aimed at extracting confessions compromise polygraph validity and cause false positives. The Deskovic case serves as a cautionary example of what can happen when examiner bias overrides proper methodology. This is precisely why choosing a qualified, examiner trained to APA standards who follows validated protocols is critical — and why unqualified examiners damage the entire profession.

The Impact of False Positives in Low Base-Rate Populations

The problem of false positives becomes especially acute when polygraph testing is applied to populations where the base rate of deception is very low. Research from Sandia National Laboratories by Alan P. Zelicoff has demonstrated the limitations in polygraph predictive values when applied to such populations [4]Verified Positive and Negative Predictive Values of Polygraphs: Results from Published Field Studies
Confirms limitations in polygraph predictive values when applied to populations with low base rates of deception. In security screening contexts, where most examinees are truthful, even a small false positive rate can mean that the majority of individuals flagged as deceptive are actually innocent.

The 2003 National Research Council report echoed this concern, finding that in populations of examinees untrained in countermeasures, specific-incident polygraph tests can discriminate lying from truth-telling at rates well above chance [5]Verified The Polygraph and Lie Detection
Confirms NRC finding that specific-incident polygraph tests discriminate lying from truth-telling at rates well above chance. However, the NRC also warned that in low base-rate populations, the majority of positive test results may come from innocent examinees. This underscores why any Deception Indicated result should be evaluated in context — not treated as a final verdict.

Step 1: Request Your Complete Examination File

Your first action after receiving a result you believe is inaccurate should be to request the complete examination file from your original examiner. This includes all physiological charts (uncompressed), the complete question list, any audio or video recordings of the session, and the written report. Under the APA Standards of Practice, examiners are required to maintain records of examinations [6]Verified APA Standards of Practice (Adopted August 23, 2019; Updated 2024)
Confirms APA standards for testing environments, question review, validated techniques, examiner qualifications, and accuracy thresholds for evidentiary and investigative examinations. Any legitimate, professional examiner will provide these materials upon request.

If an examiner refuses to release your charts, this itself is a significant red flag. A quality examiner stands behind their work and welcomes professional scrutiny. The physiological data from your examination is the objective foundation upon which any review, appeal, or retest will be built. Without it, challenging an inaccurate result becomes substantially more difficult.

Step 2: Get an Independent Quality Control Review

Once you have your examination file, the next step is to arrange an independent quality control (QC) review by a second examiner trained to APA standards. This review should be conducted blind — meaning the reviewing examiner should not know the original examiner's conclusions before scoring the charts.

A thorough QC review evaluates whether the testing method used met APA validation standards, whether the method was applied correctly, whether the charts were scored using a validated scoring method, and whether sufficient data was collected to render a reliable decision [7]Verified Lie Detector Quality Control Review Process
Confirms QC review process evaluates technique validation, scoring methodology, data sufficiency, and procedural compliance. Federal polygraph programs, such as those at U.S. Customs and Border Protection, do not consider a polygraph result final until quality control personnel review and certify the examiner's results [8]Verified Most Complaints about CBP's Polygraph Program Are Ambiguous or Unfounded
Confirms CBP does not consider polygraph results final until quality control personnel review and certify the examiner's results. You deserve the same standard of scrutiny.

Modern computerised scoring algorithms like OSS-3, PolyScore, and CPS can provide an independent statistical assessment of your physiological data [9]Verified Appendix F: Computerized Scoring of Polygraph Data
Confirms CPS developed at University of Utah and PolyScore developed at Johns Hopkins APL as two primary computerised scoring systems. OSS-3 and PolyScore have demonstrated accuracy rates between 85–92% under laboratory conditions [10]Verified Modern Algorithms in Polygraph Data Analysis
Confirms OSS-3 and PolyScore demonstrated accuracy rates between 85–92% under laboratory conditions. If the original examiner scored your charts using only subjective visual analysis without computerised verification, a QC reviewer can run these algorithms to provide a more objective second opinion.

Step 3: Evaluate Procedural Compliance

The APA Standards of Practice, most recently updated in 2024, establish clear requirements that every examination must meet [6]Verified APA Standards of Practice (Adopted August 23, 2019; Updated 2024)
Confirms APA standards for testing environments, question review, validated techniques, examiner qualifications, and accuracy thresholds for evidentiary and investigative examinations. Key requirements include that all test questions must be reviewed with the examinee prior to recording physiological responses, that evidence-based validated testing techniques must be used, and that the examiner must make reasonable efforts to determine the examinee's suitability for testing [6]Verified APA Standards of Practice (Adopted August 23, 2019; Updated 2024)
Confirms APA standards for testing environments, question review, validated techniques, examiner qualifications, and accuracy thresholds for evidentiary and investigative examinations.

For evidentiary examinations, techniques must demonstrate 90% or greater accuracy excluding inconclusives. For investigative examinations, the threshold is 80% or greater [6]Verified APA Standards of Practice (Adopted August 23, 2019; Updated 2024)
Confirms APA standards for testing environments, question review, validated techniques, examiner qualifications, and accuracy thresholds for evidentiary and investigative examinations. If your examination used a technique that does not meet these accuracy thresholds — such as the unvalidated Relevant-Irrelevant (R/I) format — the results may be unreliable. Learn more about this in our consumer guide to the R/I format.

Also assess the examination duration. According to the APA, most polygraph examinations should take 90–120 minutes, and examinations taking less than an hour are often associated with unvalidated or invalid procedures [1]Verified Polygraph Frequently Asked Questions
Confirms APA definitions of false positive and false negative, examination duration standards of 90–120 minutes, and that there is no evidence anxiety causes truthful people to fail. A very short examination is another warning sign. Be alert to polygraph guarantees, which are a major red flag that proper procedures were likely not followed.

Step 4: Arrange a Properly Conducted Retest

If the QC review reveals procedural failures, or if you and your attorney believe the original result was inaccurate, arrange a retest with a different examiner trained to APA standards. The retest should be conducted using a validated technique — such as the Utah ZCT, MGQT, or DLST [11]Verified Utah Approach to Comparison Question Polygraph Testing
Confirms Utah ZCT, MGQT format, and DLST as validated testing techniques used in professional polygraph practice — in a controlled environment free from distractions.

The Polygraph Validation Test (PVT), developed by Tuvia Shurany, has proven highly effective for resolving conflicting polygraph results. In a study published in the European Polygraph, the PVT successfully resolved all 51 cases of conflicted results and confirmed suspected deliberate distortions [12]Verified Using the Polygraph Validation Test (PVT) in Solving Conflicted Polygraph Results and Confirming Deliberate Distortions by Examinees
Confirms PVT successfully resolved all 51 cases of conflicted polygraph results and detected deliberate distortions. If your original result conflicts with other evidence or with your own knowledge of the truth, a PVT or properly conducted retest can provide clarity.

When selecting an examiner for your retest, verify their credentials carefully. Use our guide to choosing a polygraph examiner to ensure you select a properly qualified professional. Be wary of examiners found on unregulated platforms like Craigslist or Facebook and of anyone guaranteeing a specific outcome.

Step 5: File Complaints When Warranted

If your review reveals that the original examiner violated professional standards, used unvalidated techniques, or engaged in negligent conduct, you have several avenues for filing complaints. The APA Ethics Committee accepts complaints against APA members who violate the association's standards of practice. State licensing boards in the approximately 26 states that license polygraph examiners can investigate complaints and take disciplinary action [13]Verified A Comprehensive Meta-analysis of the Comparison Question Polygraph Test
Confirms only 26 of the 50 US states license polygraph examiners and that a substantial number of practising examiners have not graduated from APA-accredited schools.

Under the Employee Polygraph Protection Act (EPPA), employees who believe their rights were violated can file complaints with the U.S. Department of Labor. There is a $10,000 civil penalty for each violation of the EPPA [14]Verified Employee Polygraph Protection Act (EPPA)
Confirms EPPA prohibits most private employers from using polygraph tests, $10,000 penalty per violation, and that results cannot be sole basis for adverse action. The EPPA also prohibits employers from using polygraph results as the sole basis for adverse employment action [14]Verified Employee Polygraph Protection Act (EPPA)
Confirms EPPA prohibits most private employers from using polygraph tests, $10,000 penalty per violation, and that results cannot be sole basis for adverse action. If your employer took action against you based solely on a polygraph result, they may have violated federal law.

For examiner negligence or misconduct that caused demonstrable harm, you may also have grounds for a civil lawsuit. Our guide to malpractice and liability risks for examiners covers the standards of care that examiners are expected to meet.

1. Unqualified or Poorly Trained Examiners

The single greatest cause of inaccurate polygraph results is examiner incompetence. The APA accredits polygraph schools, but a substantial number of practising examiners have not graduated from an APA-accredited programme [15]Verified A Comprehensive Meta-analysis of the Comparison Question Polygraph Test — APA Accreditation
Confirms APA accredits polygraph schools but many active examiners have not graduated from APA-accredited schools. Currently, only 26 of the 50 US states license polygraph examiners [13]Verified A Comprehensive Meta-analysis of the Comparison Question Polygraph Test
Confirms only 26 of the 50 US states license polygraph examiners and that a substantial number of practising examiners have not graduated from APA-accredited schools, and licensing requirements vary dramatically from state to state. In states without licensing requirements, virtually anyone can claim to be a polygraph examiner.

An unqualified examiner may use outdated or unvalidated techniques, fail to conduct a proper pre-test interview, ask poorly constructed questions, or misinterpret physiological data. All of these failures increase the likelihood of both false positives and false negatives. Always verify that your examiner graduated from an APA-accredited school and holds a current state licence where required. Learn to spot the warning signs of examiners using outdated or broken equipment.

2. Use of Unvalidated Testing Techniques

The APA Standards of Practice require that examiners use evidence-based validated testing techniques [6]Verified APA Standards of Practice (Adopted August 23, 2019; Updated 2024)
Confirms APA standards for testing environments, question review, validated techniques, examiner qualifications, and accuracy thresholds for evidentiary and investigative examinations. Techniques such as the AMGQT and the basic Relevant-Irrelevant (R/I) format have not been adequately validated by research, and their use significantly increases the risk of false positives [16]Verified Reasons People Fail a Lie Detector Test — Unvalidated Methods
Confirms using unvalidated methods like AMGQT and R/I increases false positive rates. If your examiner used a technique that does not appear on the APA's list of validated methods, the results should be treated with scepticism.

Validated techniques include the Utah ZCT, the MGQT format, and the DLST, among others [11]Verified Utah Approach to Comparison Question Polygraph Testing
Confirms Utah ZCT, MGQT format, and DLST as validated testing techniques used in professional polygraph practice. These techniques have been subjected to rigorous research demonstrating their accuracy. According to the APA's meta-analytic survey, single-issue diagnostic techniques using validated methods produced an aggregated decision accuracy of 89% with a confidence interval of 83–95% [17]Verified Meta-Analytic Survey of Criterion Accuracy of Validated Polygraph Techniques
Confirms 89% accuracy for single-issue diagnostic testing, 87% overall accuracy across all validated techniques based on 38 studies and 3,723 examinations. The overall accuracy across all validated techniques was 87% based on 38 studies and 3,723 examinations [17]Verified Meta-Analytic Survey of Criterion Accuracy of Validated Polygraph Techniques
Confirms 89% accuracy for single-issue diagnostic testing, 87% overall accuracy across all validated techniques based on 38 studies and 3,723 examinations.

3. Examiner Bias and Interrogative Approaches

Research published in the European Polygraph has documented how examiner bias can significantly skew polygraph results [3]Verified Examiner Approach and its Impact on Polygraph Results
Confirms interrogative examiner approaches aimed at extracting confessions compromise polygraph validity and cause false positives. When an examiner approaches a test with the presumption that the examinee is deceptive, they may unconsciously (or consciously) manipulate the pre-test interview, question construction, or chart interpretation to confirm that presumption. The American Psychological Association has noted that examiner bias can significantly affect outcomes [18]Verified Do 'Lie Detectors' Work? What Psychological Science Says About Polygraphs
Confirms APA industry meta-analysis found 89% accuracy rate and that examiner bias can significantly skew results.

An interrogative approach — where the examiner acts more like an interrogator seeking a confession than a diagnostic scientist seeking the truth — is particularly damaging. Such approaches have been shown to compromise polygraph validity and produce false positives [3]Verified Examiner Approach and its Impact on Polygraph Results
Confirms interrogative examiner approaches aimed at extracting confessions compromise polygraph validity and cause false positives. A professional polygraph examination should be conducted neutrally and diagnostically. If your examiner seemed hostile, accusatory, or pressured you to make admissions, this may have compromised the accuracy of your results.

4. Unsuitable Testing Environments

The APA Standards of Practice specify requirements for the testing environment [6]Verified APA Standards of Practice (Adopted August 23, 2019; Updated 2024)
Confirms APA standards for testing environments, question review, validated techniques, examiner qualifications, and accuracy thresholds for evidentiary and investigative examinations. A polygraph examination should be conducted in a quiet, private, temperature-controlled room free from interruptions, external noise, and visual distractions. Testing conducted in hotel rooms, vehicles, open offices, or other unsuitable environments can produce unreliable data because environmental stressors elevate baseline physiological arousal.

If your examination was conducted in an unprofessional or distracting setting, this may have contributed to an inaccurate result. Environmental factors like extreme temperatures, uncomfortable seating, or time pressure from a rushed examination can all affect physiological measurements and increase the risk of error.

5. Poor Question Construction

The wording and structure of test questions are critical to producing valid results. Questions must be clear, unambiguous, and specific. The APA requires that all test questions be reviewed with the examinee prior to recording physiological responses [6]Verified APA Standards of Practice (Adopted August 23, 2019; Updated 2024)
Confirms APA standards for testing environments, question review, validated techniques, examiner qualifications, and accuracy thresholds for evidentiary and investigative examinations, ensuring that the examinee fully understands every question and is not confused or surprised during the testing phase.

For diagnostic examinations, the Grand Total Rule should be used when all relevant questions address the same issue, while for screening examinations, the Subtotal Score Rule is appropriate when relevant questions address independent topics [19]Verified Practical Polygraph: How to Parse Categorical Results for Test Questions of Diagnostic and Screening Polygraphs
Confirms Grand Total Rule for diagnostic examinations and Subtotal Score Rule for screening examinations. Using the wrong scoring rule for the type of examination conducted can produce incorrect results. If your examiner did not thoroughly review questions with you before testing, or if you were confused by any question during the examination, this procedural failure may have affected your results.

6. Medical Conditions, Medications, and Physical State

Certain medical conditions and medications can affect physiological measurements. However, the APA has stated that there is no evidence that anxiety itself causes truthful people to fail or deceptive people to pass polygraph testing [1]Verified Polygraph Frequently Asked Questions
Confirms APA definitions of false positive and false negative, examination duration standards of 90–120 minutes, and that there is no evidence anxiety causes truthful people to fail. A competent examiner will enquire about medical conditions and medications during the pre-test phase and make appropriate accommodations.

Research by Małgorzata Mickoś and Marek Leśniak found that even 24 hours of sleep deprivation did not significantly reduce polygraph detection accuracy in a concealed information test, and that energy drink consumption did not alter test outcomes [20]Verified On the Influence of Sleep Deprivation on the Results of Polygraph Testing
Confirms 24-hour sleep deprivation did not significantly reduce polygraph detection accuracy and energy drinks did not alter outcomes. While this is encouraging, it underscores the importance of disclosing any medical conditions or medications to your examiner. Failure by the examiner to enquire about these factors represents a procedural deficiency. To learn more about the science underlying the polygraph, see our guide on how a polygraph works.

What a Proper Polygraph Report Should Contain

A professionally conducted polygraph examination should produce a detailed written report that includes the examiner's full credentials, the date and location of the examination, the purpose and scope of the test, all questions asked during the examination, the technique used (including its APA validation status), the scoring method employed, the numerical scores, the computerised scoring algorithm results (if applicable), and the examiner's professional opinion.

If your report lacks any of these elements, this is a deficiency that may indicate substandard practice. A report that simply states "Deception Indicated" without providing the underlying data, scoring methodology, or technique used does not meet professional standards.

Red Flags in Examination Reports

Several red flags in a polygraph report suggest the examination may have been improperly conducted. These include a total examination duration of less than 60 minutes, which the APA associates with unvalidated or invalid procedures [1]Verified Polygraph Frequently Asked Questions
Confirms APA definitions of false positive and false negative, examination duration standards of 90–120 minutes, and that there is no evidence anxiety causes truthful people to fail. Reports that do not identify the specific validated technique used, reports that lack numerical scoring data, and reports that reference techniques not on the APA's validated list are all cause for concern.

Additionally, be alert to signs that the examiner may not be who was originally booked. The bait-and-switch tactic — where a less qualified examiner replaces the one you selected — is unfortunately not uncommon in the industry.

How Blind Scoring Works

Blind scoring is the gold standard for independent quality control review. In this process, a second qualified examiner reviews the physiological charts without knowledge of the original examiner's conclusions, the case background, or any demographic information about the examinee. The reviewer scores the charts independently using validated manual scoring methods and/or computerised scoring algorithms [21]Verified Scientific Validity of Polygraph Testing: Field Studies
Confirms blind scoring methodology used in field validation studies as standard practice for establishing ground truth.

Federal polygraph programmes such as those operated by CBP require that quality control reviews include independent and objective (blind) reviews of examination results [8]Verified Most Complaints about CBP's Polygraph Program Are Ambiguous or Unfounded
Confirms CBP does not consider polygraph results final until quality control personnel review and certify the examiner's results. This standard ensures that the review is not influenced by confirmation bias. When seeking a QC review of your examination, insist that the reviewing examiner conduct a true blind assessment.

Computerised Scoring as a Second Opinion

Modern computerised scoring systems provide an additional layer of objectivity. The Computerised Polygraph System (CPS), developed by John Kircher and David Raskin at the University of Utah, uses discriminant function analysis to calculate the probability of truthfulness [22]Verified Computerized Polygraph System (CPS) — University of Utah
Confirms CPS developed by John Kircher and David Raskin at University of Utah using discriminant function analysis. PolyScore, developed at Johns Hopkins University Applied Physics Laboratory, uses logistic regression models across multiple physiological channels [23]Verified PolyScore — Johns Hopkins University Applied Physics Laboratory
Confirms PolyScore developed by Johns Hopkins APL using logistic regression models. The OSS-3 algorithm, developed by Raymond Nelson, Mark Handler, and Donald Krapohl, can calculate a probabilistic classifier for both diagnostic and screening polygraphs [24]Verified OSS-3: Objective Scoring System Version 3
Confirms OSS-3 developed by Raymond Nelson, Mark Handler, and Donald Krapohl with demonstrable validity across multiple validation samples.

Lafayette Instrument's LXSoftware is bundled with the OSS-3 scoring algorithm [25]Verified LXSoftware — Lafayette Instrument Company
Confirms LXSoftware is bundled with the OSS-3 scoring algorithm for Lafayette polygraph systems, making it widely available to qualified examiners. If your original examination was scored only by manual visual analysis, requesting that your charts be run through a validated computerised scoring algorithm can provide important additional data for your challenge.

Definitions and Frequency

A false positive occurs when a truthful examinee is reported as being deceptive. A false negative occurs when a deceptive examinee is reported as being truthful [1]Verified Polygraph Frequently Asked Questions
Confirms APA definitions of false positive and false negative, examination duration standards of 90–120 minutes, and that there is no evidence anxiety causes truthful people to fail. The APA's meta-analytic survey found that the overall accuracy rate across all validated polygraph techniques was 87%, with a confidence interval of 80–94% [17]Verified Meta-Analytic Survey of Criterion Accuracy of Validated Polygraph Techniques
Confirms 89% accuracy for single-issue diagnostic testing, 87% overall accuracy across all validated techniques based on 38 studies and 3,723 examinations. For single-issue diagnostic examinations, accuracy reached 89% with an inconclusive rate of 11% [17]Verified Meta-Analytic Survey of Criterion Accuracy of Validated Polygraph Techniques
Confirms 89% accuracy for single-issue diagnostic testing, 87% overall accuracy across all validated techniques based on 38 studies and 3,723 examinations.

This means that errors do occur in a small percentage of cases, and those errors can go in either direction. Since examiners recognise that any error is damaging, they utilise protocols designed to minimise both types of error [1]Verified Polygraph Frequently Asked Questions
Confirms APA definitions of false positive and false negative, examination duration standards of 90–120 minutes, and that there is no evidence anxiety causes truthful people to fail. However, when proper protocols are not followed, error rates climb significantly.

Demographic Factors and Testing Fairness

Research has raised important questions about demographic factors in polygraph accuracy. A study conducted by the Department of Defense Polygraph Institute found that truthful African American examinees had a 76.5% false positive rate compared to 63.1% for truthful Caucasian examinees [26]Verified DoDPI Racial Bias Study: Polygraph Examination Results by Race
Confirms truthful African American examinees had a 76.5% false positive rate compared to 63.1% for Caucasian examinees. While this study is historical and testing methods have evolved, it underscores the importance of using validated techniques with established reliability across diverse populations.

The research of Andrew Belvin Dollins has further demonstrated that assertions about predictable changes in false positive and false negative rates from reviewing questions between chart repetitions are unsupported by data [27]Verified A Brief Note on the Misleading and the Inaccurate: A Rejoinder to Matte (2000)
Confirms assertions about predictable changes in false positive/negative rates from reviewing questions between charts are unsupported by data. This finding is significant because it means that certain non-standard procedures some examiners employ — believing they improve accuracy — may actually have no empirical basis. Proper adherence to APA-validated protocols remains the most reliable path to accurate results.

The Employee Polygraph Protection Act (EPPA)

The Employee Polygraph Protection Act of 1988 is a federal law that prohibits most private employers from using polygraph tests for pre-employment screening or during the course of employment [14]Verified Employee Polygraph Protection Act (EPPA)
Confirms EPPA prohibits most private employers from using polygraph tests, $10,000 penalty per violation, and that results cannot be sole basis for adverse action. Several categories are exempt, including government employees, certain federal contractors, security firms (armored car, alarm, and guard companies), and pharmaceutical manufacturers, distributors, and dispensers [14]Verified Employee Polygraph Protection Act (EPPA)
Confirms EPPA prohibits most private employers from using polygraph tests, $10,000 penalty per violation, and that results cannot be sole basis for adverse action.

Critically, even when testing is permitted under an EPPA exemption, the law prohibits employers from using polygraph results as the sole basis for adverse employment action [14]Verified Employee Polygraph Protection Act (EPPA)
Confirms EPPA prohibits most private employers from using polygraph tests, $10,000 penalty per violation, and that results cannot be sole basis for adverse action. Additional supporting evidence must exist. Employers who violate the EPPA face civil penalties of up to $10,000 per violation [14]Verified Employee Polygraph Protection Act (EPPA)
Confirms EPPA prohibits most private employers from using polygraph tests, $10,000 penalty per violation, and that results cannot be sole basis for adverse action, and affected employees can bring civil actions for lost wages, benefits, and legal fees.

If you were tested in an employment context and believe your EPPA rights were violated, you can file a complaint with the U.S. Department of Labor's Wage and Hour Division.

Polygraph Admissibility in Court

The 1998 Supreme Court case United States v. Scheffer addressed polygraph admissibility for the first time at the highest level [28]Verified United States v. Scheffer, 523 U.S. 303 (1998)
Confirms 1998 Supreme Court case was the first to address polygraph admissibility and left the question to individual jurisdictions. While the Court upheld the military's per se ban on polygraph evidence, the decision left admissibility in civilian courts to individual jurisdictions. About half of US states allow polygraph evidence when both parties agree to its admission (stipulation), and New Mexico permits polygraph evidence without stipulation under certain conditions [13]Verified A Comprehensive Meta-analysis of the Comparison Question Polygraph Test
Confirms only 26 of the 50 US states license polygraph examiners and that a substantial number of practising examiners have not graduated from APA-accredited schools.

Polygraph results are used extensively by prosecutors, defence attorneys, and law enforcement despite these admissibility restrictions [29]Verified Polygraph — Legal Use and Admissibility in the United States
Confirms polygraph used extensively by prosecutors, defence attorneys, and law enforcement despite admissibility restrictions. In many cases, polygraph results influence plea negotiations, investigative directions, and sentencing decisions even when they are not formally admitted as evidence. Understanding your jurisdiction's rules on polygraph admissibility is essential when challenging a result — consult a qualified attorney who understands the evidentiary landscape.

Essential Qualifications to Verify

When selecting an examiner for a retest, verify the following credentials: graduation from an APA-accredited polygraph school, current APA membership, a valid state licence in states that require one, professional liability insurance (the EPPA requires a minimum $50,000 bond or equivalent coverage for certain testing contexts [14]Verified Employee Polygraph Protection Act (EPPA)
Confirms EPPA prohibits most private employers from using polygraph tests, $10,000 penalty per violation, and that results cannot be sole basis for adverse action), and evidence of ongoing continuing education.

The APA has more than 2,700 members from 58 countries [30]Verified American Polygraph Association — About
Confirms APA established in 1966 with 2,700+ members from 58 countries promoting evidence-based scientific methods for credibility assessment and promotes evidence-based scientific methods for credibility assessment. Choosing an examiner trained to APA standards ensures that your retest will be conducted using validated techniques and professional standards. Our examiner selection guide provides a detailed checklist to help you make the right choice.

Warning Signs to Avoid

Be alert to warning signs when selecting a retest examiner. Avoid anyone who guarantees a specific result — guaranteed outcomes are a fraud indicator. Avoid examiners who quote prices well below the professional standard, as this often indicates corners are being cut. Be suspicious of examiners who cannot explain which validated technique they will use or who propose an examination lasting less than 90 minutes.

Steer clear of alternatives that masquerade as lie detection but lack scientific validity. Voice stress analysis (VSA) has been demonstrated to be unreliable, and phone-based lie detector apps are entirely fraudulent. Only a properly conducted polygraph examination using validated methodology can produce reliable results. Be cautious of viral social media polygraph clips that misrepresent how polygraph testing actually works.

Before Your Examination

The best way to avoid inaccurate results is to ensure quality before your examination begins. Research your examiner thoroughly: verify their APA credentials, check their state licensing status, and confirm they use validated testing techniques. Ask which specific technique they plan to use and confirm it appears on the APA's list of validated methods.

Get adequate sleep before your examination — while research shows that sleep deprivation may not significantly impair detection accuracy [20]Verified On the Influence of Sleep Deprivation on the Results of Polygraph Testing
Confirms 24-hour sleep deprivation did not significantly reduce polygraph detection accuracy and energy drinks did not alter outcomes, being well-rested helps you focus and follow instructions. Disclose all medications, medical conditions, and physical concerns to your examiner before testing begins. Avoid excessive caffeine, alcohol, or stimulants in the 24 hours preceding your exam.

During Your Examination

During the pre-test interview, ensure the examiner reviews every question with you. This is required by APA Standards of Practice [6]Verified APA Standards of Practice (Adopted August 23, 2019; Updated 2024)
Confirms APA standards for testing environments, question review, validated techniques, examiner qualifications, and accuracy thresholds for evidentiary and investigative examinations. If you do not understand a question, say so — do not proceed with testing while confused about any aspect of the questions. Sit still during the chart collection phase and follow all instructions precisely.

The examination environment should be quiet, private, and comfortable. If conditions are not suitable — for example, if there are loud noises, interruptions, or uncomfortable temperatures — raise this with the examiner before testing begins. A professional examiner will address environmental issues because they know these factors can affect data quality.

If at any point you feel the examiner is being hostile, accusatory, or unprofessional, you have the right to terminate the examination. An examiner who pressures you, attempts to extract confessions during the pre-test, or uses intimidation tactics is not conducting a valid diagnostic examination. You can always book a properly conducted polygraph test with a qualified professional.