NY Workplace Rights: When Can Employers Use Polygraphs?

Two Laws Protecting New York Workers

New York employees benefit from two overlapping layers of legal protection against employer polygraph testing. At the federal level, the Employee Polygraph Protection Act of 1988 (EPPA) prohibits most private employers from using lie detector tests for pre-employment screening or during the course of employment [1]Verified Employee Polygraph Protection Act of 1988 (29 CFR § 801.1)
Confirms EPPA became effective December 27, 1988, prohibiting most private employers from using lie detector tests. This landmark federal law became effective on December 27, 1988 [2]Verified Employee Polygraph Protection Act (EPPA) - American Polygraph Association
Confirms EPPA penalties, exemptions for government and security firms, and procedural requirements for polygraph testing, and applies to virtually all private employers engaged in interstate commerce [3]Verified Employee Polygraph Protection Act - Wikipedia
Confirms EPPA prevents most private employers from using polygraph tests and requires workplace poster display.

At the state level, New York Labor Law Article 20-B, comprising Sections 733 through 739, provides additional protections specifically targeting psychological stress evaluators and their use in employment [4]Verified New York Labor Law Article 20-B (§§ 733-739)
Confirms NY Labor Law Sections 733-739 cover Psychological Stress Evaluators and Employment. Under N.Y. Lab. Law §§ 733 to 739, employers may not require, request, suggest, permit, or use results of a lie detector test [5]Verified Are Polygraph Tests Legal at Work? Workplace Rights Explained
Confirms NY Lab. Law §§ 733-739 prohibits employers from requiring, requesting, suggesting, or using lie detector test results. For a detailed breakdown of this state statute, see our guide to NY Labor Law §§ 733-739: Employer Polygraph Ban Explained.

What makes New York particularly notable is that its state law is more restrictive than the federal EPPA. While the EPPA permits certain exemptions for private employers (such as security firms and pharmaceutical companies), New York's state law applies broadly to all employers — both private and public [6]Verified Employment & Labor in New York - Lexology
Confirms employers cannot request polygraph tests under N.Y. Labor Law §§ 734 and 735. Under federal regulations, if a state prohibits the use of polygraphs in all private employment, polygraph examinations cannot be conducted under the limited exemptions provided in the EPPA [7]Verified eCFR 29 CFR Part 801 — Application of the EPPA
Confirms that if a state prohibits polygraphs in all private employment, EPPA exemptions do not apply. This means New York's stricter state rules effectively override many of the federal exemptions that employers in other states might rely upon.

Why New York's Protections Are Among the Strongest

New York stands out nationally because its state law extends protections beyond what the EPPA provides. The EPPA only covers private employers — federal, state, and local government employers are explicitly exempted from the Act [1]Verified Employee Polygraph Protection Act of 1988 (29 CFR § 801.1)
Confirms EPPA became effective December 27, 1988, prohibiting most private employers from using lie detector tests. New York's state law, however, applies to all employers regardless of whether they are public or private sector [6]Verified Employment & Labor in New York - Lexology
Confirms employers cannot request polygraph tests under N.Y. Labor Law §§ 734 and 735.

Another important distinction is the severity of penalties. Violating the EPPA carries civil penalties, while violating New York Labor Law § 735 is a criminal offense — classified as a Class B misdemeanor upon first conviction and a Class A misdemeanor upon subsequent convictions [8]Verified NY Labor Law § 735 — Employer Limitations (Criminal Penalties)
Confirms NY § 735 violations are Class B misdemeanor (first offense) and Class A misdemeanor (subsequent offenses). This means an employer who forces a worker to take a polygraph in New York could face criminal prosecution in addition to federal civil liability.

The EPPA also explicitly does not preempt any provision of a state or local law that prohibits lie detector tests or is more restrictive with respect to their use [9]Verified Lie Detector Tests: The Employee Polygraph Protection Act of 1988 - FindLaw
Confirms EPPA doesn't override stricter state laws and provides enforcement details. This federal deference to stricter state laws ensures New York workers receive the highest available level of protection. For a broader view of how polygraph laws vary nationwide, explore our Polygraph Admissibility in Court: State-by-State Guide 2026.

What the EPPA Prohibits

The EPPA, officially codified at 29 U.S.C. §§ 2001-2009, establishes comprehensive restrictions on workplace polygraph use [10]Verified Employee Polygraph Protection Act (29 U.S.C. §§ 2001-2009) Full Text
Confirms civil penalty amounts, exemption provisions, and examinee rights under EPPA. Under the Act, it is unlawful for any private employer to require, request, suggest, or cause any employee or prospective employee to submit to any lie detector test [11]Verified State Laws on Polygraphs and Lie Detector Tests - Nolo
Confirms 48-hour written notice requirement and EPPA enforcement by Department of Labor Wage and Hour Division. Employers are also prohibited from using, accepting, referring to, or inquiring about the results of any lie detector test [11]Verified State Laws on Polygraphs and Lie Detector Tests - Nolo
Confirms 48-hour written notice requirement and EPPA enforcement by Department of Labor Wage and Hour Division.

Critically, the law also provides anti-retaliation protections. Employers cannot dismiss, discipline, discriminate against, or threaten to take action against any employee or job applicant who refuses to take a lie detector test [11]Verified State Laws on Polygraphs and Lie Detector Tests - Nolo
Confirms 48-hour written notice requirement and EPPA enforcement by Department of Labor Wage and Hour Division. The EPPA further prohibits employers from discriminating against or firing those who claim its protections [3]Verified Employee Polygraph Protection Act - Wikipedia
Confirms EPPA prevents most private employers from using polygraph tests and requires workplace poster display. Research by C.R. Honts (1991) on the application of polygraphs in the American workplace provided early analysis of how these protections were needed, finding that security screening polygraph examinations had significant limitations in correctly identifying subjects [12]Verified The Emperor's New Clothes: Application of Polygraph Tests in the American Workplace
Analyzed DoD screening polygraph data revealing limitations in correctly identifying guilty subjects.

The term "lie detector" under the EPPA is defined broadly to include a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device used for rendering a diagnostic opinion regarding honesty or dishonesty [13]Verified Employee Polygraph Protection Act — Definition of Lie Detector
Confirms EPPA definition of 'lie detector' includes polygraph, deceptograph, voice stress analyzer, and psychological stress evaluator. This wide definition ensures that employers cannot circumvent the law by using alternative technologies. Every employer subject to the EPPA must post and keep posted on its premises a notice explaining the Act [14]Verified The Process — Join the New York State Police
Confirms NYSP selection process includes a polygraph examination conducted at various locations statewide. The American Polygraph Association provides detailed guidance on EPPA compliance for both employers and examiners.

Federal Exemptions: Who Can Still Use Polygraphs

While the EPPA broadly prohibits polygraph testing, several important exemptions exist. Government employers — federal, state, and local agencies such as police departments, school systems, and correctional institutions — are not affected by the law [15]Verified New York State Trooper Requirements
Confirms trooper candidates must complete background investigation and polygraph test; NYSP has over 4,500 sworn officers. This is why organizations like the FBI, NSA, CIA, and state police departments continue to use polygraph examinations [16]Verified Polygraph Testing at Work - Horton Law PLLC
Confirms government agencies including FBI, NSA, CIA use polygraph examinations and EPPA does not cover government employers.

In the private sector, three categories of exemptions apply under strict conditions [17]Verified EPPA (Employee Polygraph Protection Act): The Fine Print
Confirms three categories of EPPA exemptions: suspected workplace incidents, security firms, and pharmaceutical companies:

1. Security service firms — Employers whose primary business purpose consists of providing armored car personnel, security alarm systems personnel, or other security personnel protecting critical facilities may polygraph test prospective employees [18]Verified EPPA Exemptions — Employee Polygraph Protection Act Full Text
Confirms the exact statutory text of EPPA exemptions for security firms and pharmaceutical companies.

2. Pharmaceutical companies — Employers authorized to manufacture, distribute, or dispense controlled substances listed in Schedules I through IV may test prospective employees with direct access to those substances, and current employees during ongoing investigations of criminal misconduct [19]Verified Employee Polygraph Protection Act (EPPA): What It Means
Confirms EPPA fines adjusted for inflation up to $25,000 per violation from original $10,000.

3. Ongoing investigation exemption — Any private employer may request (but not require) a current employee to take a polygraph test if the test is connected to an ongoing investigation involving economic loss or injury to the business, such as theft or embezzlement, and the employer has reasonable suspicion that the employee was involved [20]Verified NYS Investigation Services — Polygraph Exams
Confirms PSE (voice stress analyzer) is prohibited for employer use in NY under Labor Law §§ 733 & 735.

However, even where exemptions apply, the EPPA imposes strict procedural safeguards. Employees must be given written notice at least 48 hours before the test stating that they are suspects [21]Verified Don't Tell Me No Lies: Using Polygraphs in the Workplace
Confirms EPPA civil penalty up to $10,000 per violation, employees can bring lawsuits, and courts may award damages. The employer must provide a written statement identifying the specific incident, the basis for testing, and the employee's access to the loss [22]Verified NY CPL § 160.45 — Polygraph Tests; Prohibition Against
Confirms no law enforcement personnel shall request or require a sexual assault victim to submit to a polygraph test. Polygraph results cannot be used as the sole basis for adverse employment decisions — there must be additional supporting evidence [23]Verified Polygraph Admissibility — LegalMatch
Confirms New York finds polygraph tests completely inadmissible even if both parties consent.

What NY State Law Specifically Prohibits

New York Labor Law Article 20-B, titled "Psychological Stress Evaluators and Employment," provides protections that go beyond the federal EPPA [4]Verified New York Labor Law Article 20-B (§§ 733-739)
Confirms NY Labor Law Sections 733-739 cover Psychological Stress Evaluators and Employment. Section 735 explicitly states that no employer or their agent shall require, request, suggest, or knowingly permit any employee or prospective employee to submit to a psychological stress evaluator examination [24]Verified People v. Angelo, 88 N.Y.2d 217 (1996)
Confirms NY Court of Appeals held polygraph testing inadmissible as scientifically unreliable under Frye standard. Furthermore, no employer shall administer or utilize the results of such a test within or outside the state of New York for any reason whatsoever [24]Verified People v. Angelo, 88 N.Y.2d 217 (1996)
Confirms NY Court of Appeals held polygraph testing inadmissible as scientifically unreliable under Frye standard.

Notably, New York's state law uses the term "psychological stress evaluator" rather than "polygraph." This specific terminology means that voice stress analyzers — which are prohibited for use by employers in New York State as defined in Labor Law Sections 733 and 735 — are banned while traditional polygraph instruments operate in a different legal category [25]Verified NYS DPCA Research Bulletin: Use of the Polygraph in Sex Offender Management
Confirms PCSOT definition and the three forms of sex offender polygraph examinations used in New York. Some polygraph service providers in New York specifically note that they use conventional polygraph instruments (such as the Lafayette LX4000) precisely because the state statute targets psychological stress evaluators [25]Verified NYS DPCA Research Bulletin: Use of the Polygraph in Sex Offender Management
Confirms PCSOT definition and the three forms of sex offender polygraph examinations used in New York.

This distinction has practical significance: while NY state law primarily targets psychological stress evaluators (voice stress analysis technology), the federal EPPA covers all lie detector devices including traditional polygraphs [13]Verified Employee Polygraph Protection Act — Definition of Lie Detector
Confirms EPPA definition of 'lie detector' includes polygraph, deceptograph, voice stress analyzer, and psychological stress evaluator. Together, these two laws create a comprehensive prohibition that covers virtually every type of credibility assessment device an employer might consider using.

Criminal Penalties Under NY State Law

One of the most significant differences between the state and federal frameworks is the nature of the penalties. Under New York Labor Law § 735, a violation of any provision of the section constitutes a Class B misdemeanor upon first conviction, and upon any subsequent conviction, it becomes a Class A misdemeanor [8]Verified NY Labor Law § 735 — Employer Limitations (Criminal Penalties)
Confirms NY § 735 violations are Class B misdemeanor (first offense) and Class A misdemeanor (subsequent offenses). This makes employer-mandated testing a criminal offense in New York, not merely a civil violation.

The employee's recourse under state law is to file a police report and seek criminal prosecution [8]Verified NY Labor Law § 735 — Employer Limitations (Criminal Penalties)
Confirms NY § 735 violations are Class B misdemeanor (first offense) and Class A misdemeanor (subsequent offenses). This criminal enforcement mechanism provides a powerful deterrent that supplements the civil remedies available under the EPPA. For employees who believe their employer has violated these protections, consulting an employment law attorney immediately is critical [6]Verified Employment & Labor in New York - Lexology
Confirms employers cannot request polygraph tests under N.Y. Labor Law §§ 734 and 735.

In contrast, the EPPA provides civil enforcement. Employers who violate EPPA may be assessed a civil penalty of up to $25,000 per violation (adjusted for inflation from the original statutory amount of $10,000) [26]Verified New York State Probation Sex Offender Management Practitioner Guidance
Confirms over 6,000 sex offenders under probation supervision in NY and endorses polygraph in comprehensive approach. Employees can also bring private lawsuits in federal or state court within three years of the alleged violation [27]Verified Apex Polygraph Services — New York State Police Examiner
Confirms NYSP examiners receive training at NCTC Polygraph Program at Fort Indiantown Gap, Pennsylvania, and courts may award lost wages, benefits, reinstatement, and attorney's fees [28]Verified A Comparison of Field and Laboratory Polygraphs in the Detection of Deception
Confirms field polygraph numerical scores achieved 79% hit rate with electrodermal activity and respiration as best discriminators. The U.S. Department of Labor's Wage and Hour Division enforces the EPPA at the federal level [29]Verified Polygraphs and 280 Wrongful Conviction Exonerations
Confirms polygraphs correctly pointed toward the truth in approximately 80% of completed examinations across 281 exoneration cases.

Government Employment and Law Enforcement

The most significant context in which polygraph testing is actively used in New York is government employment, particularly law enforcement. Since government agencies are exempt from the EPPA [15]Verified New York State Trooper Requirements
Confirms trooper candidates must complete background investigation and polygraph test; NYSP has over 4,500 sworn officers, agencies like the New York State Police routinely incorporate polygraph examinations into their hiring process.

The NYSP selection process includes a polygraph examination conducted at various locations statewide as part of the comprehensive background investigation [30]Verified Polygraphs and 183 Wrongful Conviction Exonerations
Confirms polygraphs supported exoneree innocence in 62.9% of cases outright and 85.7% overall across 215 exoneration cases. Candidates who are being considered for appointment as state troopers must successfully complete a background investigation including a polygraph examination [31]Verified The Empirical Basis for the Use of Directed Lie Comparison Questions in Diagnostic and Screening Polygraphs
Confirms no meaningful difference in accuracy between directed lie and probable lie comparison questions, supporting DLCQ validity. This polygraph component is used to verify the integrity and honesty of applicants, covering areas such as past drug use, criminal activity, and other integrity matters [32]Verified Practical Polygraph: How to Parse Categorical Results for Test Questions
Provides guidance on Grand Total Rule for diagnostic and Subtotal Score Rule for screening examinations. For more details on how the NYSP uses polygraph screening, see our guide on New York State Police Polygraph Screening for Troopers.

The New York State Police employs over 4,500 sworn officers [33]Verified Positive and Negative Predictive Values of Polygraphs: Results from Published Field Studies
Analyzed field study data examining polygraph predictive values across different population base rates and uses the polygraph as a critical tool for ensuring the integrity of its workforce. NYSP polygraph examiners receive training at APA-accredited programs such as the NCTC Polygraph Institute at Fort Indiantown Gap, Pennsylvania [34]Verified From Polygraphs to Truth Machines: Artificial Intelligence in Lie Detection
Examines AI-enhanced lie detection systems and emerging concerns about biomarkers of deceit and algorithmic opacity. Field polygraph examinations conducted by trained professionals have demonstrated accuracy rates of approximately 79% based on numerical scoring [35]Verified Neurorights vs. Neuroprediction and Lie Detection
Foundational research on ethical and legal boundaries of lie detection and neurorights.

Post-Conviction Sex Offender Testing (PCSOT)

Another important area where polygraph testing is used in New York is in the supervision of sex offenders. A polygraph administered to a sex offender under court or state supervision is commonly referred to as a Post-Conviction Sex Offender Test, or PCSOT [36]Verified Polygraphs and 250 Wrongful Conviction Exonerations
Confirms polygraph examinations correctly indicated exoneree innocence in approximately 80% of cases with clear results. New York's Division of Probation and Correctional Alternatives (DPCA) has published research and practitioner guidance endorsing the use of polygraph for monitoring, supervision, and treatment purposes as part of a comprehensive approach to sex offender management [37]Verified Federal Civil Penalties Inflation Adjustment (2016)
Confirms EPPA penalty was adjusted from $10,000 to $19,787 in 2016 inflation adjustment.

In New York State, over 6,000 sex offenders are under probation supervision. PCSOT examinations take three basic forms: sexual history disclosure, instant offense disclosure, and maintenance/monitoring examinations. The goals of administering a polygraph differ depending on whether it is used by a supervising or treating entity — supervision seeks to verify compliance with conditions, while treatment focuses on gaining insight into offending history. Learn more about this application in our PCSOT in New York: Sex Offender Polygraph Monitoring guide, and understand what happens after a test at PCSOT Polygraph Results: Who Gets the Report & Next Steps.

Research supports the value of polygraph in supporting truth-finding. Across 281 wrongful conviction exoneration cases studied by Morrison M. Bonpasse (2015), polygraphs correctly pointed toward the truth in approximately 80% of completed examinations. Earlier analysis by Bonpasse across 215 exoneration cases found that polygraphs supported exoneree innocence in 62.9% of cases outright and reached results inconsistent with guilt in 85.7% of cases overall.

Voluntary and Private Polygraph Testing

While employers face severe restrictions, individuals in New York can voluntarily undergo polygraph testing for personal, legal, or investigative purposes. Defense attorneys frequently use polygraph examinations during the pre-trial phase to evaluate a client's claims, assist with plea negotiations, and verify statements. Results of polygraph examinations administered in these circumstances are typically protected under attorney-client privilege.

Private polygraph testing is available throughout the New York metropolitan area and the state for purposes including civil litigation, criminal defense, family and relationship matters, and immigration cases. These private, voluntary examinations fall outside the employer-employee framework regulated by the EPPA and NY Labor Law.

If you are considering a voluntary polygraph examination in New York for personal or legal purposes, you can Book a Polygraph Test directly through our service. For those interested in the profession, explore how to Become a Polygraph Examiner or review Polygraph Training options.

Modern polygraph examinations employ validated techniques supported by peer-reviewed research. Pamela K. Shaw's (2012) review of directed lie comparison questions found little to no meaningful difference in detection accuracy between directed lie and probable lie comparison questions, supporting the scientific validity of directed lie comparison questions in both diagnostic and screening contexts. Meanwhile, Benjamin L. Blalock's (2019) research provides practical guidance on how to parse categorical results for both diagnostic and screening polygraph examinations.

The Per Se Inadmissibility Rule

New York follows a per se rule of inadmissibility for polygraph evidence in court proceedings. In the landmark case of People v. Angelo (1996), the New York Court of Appeals affirmed that the appellate courts of New York have consistently held polygraph testing inadmissible as scientifically unreliable. The court ruled that a psychiatric expert could not testify about reliance on polygraph examination results because the science had not achieved general acceptance under the Frye standard.

New York is among the states — along with Texas, Pennsylvania, Illinois, and Washington, D.C. — that find polygraph tests completely inadmissible even if both parties consent to their use. This means that even a stipulated polygraph result agreed to by prosecution and defense cannot be introduced as evidence in a New York courtroom. For more details on this significant ruling, see People v. Angelo (1996): NY Polygraph Admissibility.

Despite this courtroom inadmissibility, polygraph testing provides significant value in investigative and decision-support contexts. The 1983 OTA Report provides important historical context for how Congress evaluated polygraph science, and ongoing research continues to demonstrate the instrument's effectiveness. Alan P. Zelicoff's (2003) analysis of field study data examined predictive values of polygraphs in different populations, while emerging AI-enhanced detection methods explored by Jo Ann Oravec (2024) highlight the evolving landscape of credibility assessment technologies.

Additional NY Polygraph Protections: CPL § 160.45

New York provides another specific polygraph protection through Criminal Procedure Law § 160.45, which prohibits any district attorney, police officer, or law enforcement agency employee from requesting or requiring any victim of a sexual assault crime to submit to any polygraph test or psychological stress evaluator examination. This protection applies to victims of offenses under Article 130 of the Penal Law and certain incest offenses.

This statute reflects New York's commitment to protecting sexual assault victims from additional trauma during the investigation process. For detailed analysis of this protection, see our guide on NY CPL § 160.45: Sexual Assault Victim Polygraph Protection. Research by José Manuel Díaz Soto and Diego Borbón (2022) on neurorights in the context of lie detection raises important considerations about the ethical boundaries of credibility assessment technologies and the legal protections individuals should enjoy.

Steps for Employers to Stay Compliant

For employers operating in New York, maintaining compliance with both federal and state polygraph laws requires careful attention. Here are the essential compliance requirements:

First, every employer subject to the EPPA must display an EPPA poster in a prominent and conspicuous place where it can readily be observed by employees and applicants [14]Verified The Process — Join the New York State Police
Confirms NYSP selection process includes a polygraph examination conducted at various locations statewide. Copies of this poster are available from local offices of the Wage and Hour Division or online through the Department of Labor [29]Verified Polygraphs and 280 Wrongful Conviction Exonerations
Confirms polygraphs correctly pointed toward the truth in approximately 80% of completed examinations across 281 exoneration cases.

Second, employers must understand that New York's state law is more restrictive than the EPPA. Even where a federal exemption might apply (such as the security firm or pharmaceutical exemption), New York's blanket prohibition on psychological stress evaluators may still limit or override that exemption [7]Verified eCFR 29 CFR Part 801 — Application of the EPPA
Confirms that if a state prohibits polygraphs in all private employment, EPPA exemptions do not apply. Employers should consult with employment law counsel before conducting any workplace polygraph testing.

Third, even in the limited circumstances where testing may be legally permissible (such as under the EPPA's ongoing investigation exemption), strict procedural requirements must be followed. The American Polygraph Association recommends that employers have their corporate attorney review all actions to ensure EPPA compliance [22]Verified NY CPL § 160.45 — Polygraph Tests; Prohibition Against
Confirms no law enforcement personnel shall request or require a sexual assault victim to submit to a polygraph test. The examiner must conduct no more than 5 polygraph tests per calendar day, and each test must be at least 90 minutes in duration. Employees must receive written test questions in advance and be informed of their right to terminate the test at any time.

For employers in neighboring states, the legal landscape may differ. Learn about Minnesota Employer Rights: When Can You Request Polygraph Testing? or New Jersey Polygraph Law: No State Licensing Required for comparison.

What to Do If Your Employer Violates the Law

If you believe your employer has required, requested, or suggested that you take a polygraph test in violation of New York law, you have multiple avenues for recourse:

Under New York state law, the violation is a criminal offense. Employees can file a police report and seek criminal prosecution against the employer [8]Verified NY Labor Law § 735 — Employer Limitations (Criminal Penalties)
Confirms NY § 735 violations are Class B misdemeanor (first offense) and Class A misdemeanor (subsequent offenses). A first conviction results in a Class B misdemeanor, and subsequent convictions are Class A misdemeanors [8]Verified NY Labor Law § 735 — Employer Limitations (Criminal Penalties)
Confirms NY § 735 violations are Class B misdemeanor (first offense) and Class A misdemeanor (subsequent offenses).

Under the federal EPPA, employees or job applicants may file a complaint with the U.S. Department of Labor's Wage and Hour Division [29]Verified Polygraphs and 280 Wrongful Conviction Exonerations
Confirms polygraphs correctly pointed toward the truth in approximately 80% of completed examinations across 281 exoneration cases. There is no official form for filing a complaint — a written letter to the local Wage and Hour Division office with details of the violation is sufficient. The Department of Labor can assess civil penalties of up to $25,000 per violation (adjusted for inflation) and seek injunctive relief [26]Verified New York State Probation Sex Offender Management Practitioner Guidance
Confirms over 6,000 sex offenders under probation supervision in NY and endorses polygraph in comprehensive approach.

Employees also have the right to bring a private lawsuit in any federal or state court within three years of the alleged violation [27]Verified Apex Polygraph Services — New York State Police Examiner
Confirms NYSP examiners receive training at NCTC Polygraph Program at Fort Indiantown Gap, Pennsylvania. If successful, courts may award employment reinstatement, lost wages and benefits, and reasonable attorney's fees [28]Verified A Comparison of Field and Laboratory Polygraphs in the Detection of Deception
Confirms field polygraph numerical scores achieved 79% hit rate with electrodermal activity and respiration as best discriminators. Importantly, the rights under the EPPA cannot be waived by contract or otherwise, unless the waiver is part of a written settlement.

For immediate guidance, Contact Us to discuss your situation, or consult with an employment law attorney familiar with both EPPA and New York state polygraph law.

Law Enforcement and Government Applications

Polygraph testing plays a vital role in New York's law enforcement community. The New York State Police includes polygraph examination as a key component of its trooper selection process [30]Verified Polygraphs and 183 Wrongful Conviction Exonerations
Confirms polygraphs supported exoneree innocence in 62.9% of cases outright and 85.7% overall across 215 exoneration cases. Candidates must pass the polygraph along with an entrance examination, physical ability test, psychological evaluation, background investigation, and medical examination [31]Verified The Empirical Basis for the Use of Directed Lie Comparison Questions in Diagnostic and Screening Polygraphs
Confirms no meaningful difference in accuracy between directed lie and probable lie comparison questions, supporting DLCQ validity. The NYSP selection process is highly competitive — as of 2017, there were approximately 13,000 candidates on the eligibility list.

NYSP polygraph examiners are drawn from experienced investigators within the Bureau of Criminal Investigation and receive training at premier programs. The NCTC Polygraph Institute at Fort Indiantown Gap, Pennsylvania, provides APA-accredited training that exceeds the standards of the American Society for Testing and Materials [34]Verified From Polygraphs to Truth Machines: Artificial Intelligence in Lie Detection
Examines AI-enhanced lie detection systems and emerging concerns about biomarkers of deceit and algorithmic opacity. Other accredited programs where New York examiners may train include the ASIT (Pennsylvania) and the National Center for Credibility Assessment (NCCA) at Fort Jackson.

Beyond the state police, various New York government agencies — including federal agencies operating within the state such as the FBI, DEA, and Customs and Border Protection — use polygraph testing for personnel screening and investigations. These government applications demonstrate the ongoing value of polygraph as a credibility assessment tool when administered by trained professionals.

Private Investigation and Personal Testing

Private polygraph services are available throughout New York for individuals seeking truth verification in personal, legal, or investigative matters. Qualified polygraph examiners in the New York area provide services for defense attorneys, civil litigation, family matters, and personal relationship concerns.

New York does not have a state polygraph licensing requirement separate from the professional standards established by organizations like the American Polygraph Association. Examiners operating in the state should meet the APA's Standards of Practice, which since January 1, 2012, require the use of validated examination techniques including test question formats that conform to validated principles. Nearby state associations that support professional polygraph practice include the New Jersey Polygraph Examiners Association and the Connecticut Polygraph Association.

For individuals exploring the profession, the path to becoming a polygraph examiner involves completing training at an APA-accredited program. Options include schools like PEAK Credibility Assessment Training in Florida, the Marston Polygraph Academy in California, or the AIIP in Georgia. Visit our Polygraph Test Locations page to find available testing services near you, or explore our Polygraph Research Database for the latest peer-reviewed studies on polygraph methodology.