Hiring Employees with Old Criminal Records: What New Hampshire Employers Need to Know About Social Media Exposure and Defamation Risks
Many New Hampshire employers face difficult decisions when considering whether to hire someone with a decades-old criminal conviction — including registered sex offenders who have remained offense-free for 20 or 30 years. These hires frequently involve family members or trusted individuals being given a genuine second chance. However, the growing number of local social media pages that publicly post information from the sex offender registry has created new risks for businesses.
When a post appears naming both the employee and the employer, business owners often feel immediate panic about lost customers, negative reviews, and long-term reputational damage. Understanding the legal realities — particularly in the area of defamation — can help employers make informed decisions and respond effectively if the situation arises.
Most of These Posts Are Protected Speech in New Hampshire, posts that accurately report information from the public sex offender registry or court records are generally protected by the First Amendment. Truth is a complete defense to defamation. If the post correctly states the conviction details, the person's current employment, and offers consumer advice (such as “ask who will be assigned to the job”), it is very difficult to win a defamation claim. Courts also protect statements of opinion when they are based on disclosed true facts. Warnings about community safety or suggestions that customers inquire about staffing are typically viewed as protected opinion rather than false statements of fact.
Claims for tortious interference with business relations face the same obstacle. When the alleged interference comes from truthful public information and advocacy on a matter of public concern, it is rarely considered “improper” under New Hampshire law. The New Hampshire Supreme Court has upheld strong First Amendment protections in cases involving public criticism that causes economic harm to a business or government entity.
New Hampshire does not have an anti-SLAPP statute. This means there is no quick procedure to dismiss these types of claims early, which can make litigation expensive and time-consuming even when the speech is clearly protected.
Should You Hire Someone with an Old Conviction?
There is generally no legal prohibition against hiring a registered sex offender in New Hampshire for most positions, especially when the conviction is many years old and there have been no further offenses. Employers must still follow proper background check procedures and consider any job-specific restrictions (for example, roles with unsupervised access to children or vulnerable adults). The decision should be made on a case-by-case basis after weighing:
- The nature and age of the conviction
- Evidence of rehabilitation and the length of time without re-offense
- The specific duties of the job and level of customer contact
- The value the individual brings to the business
Best Practices for Employers to minimize risk when hiring someone with an old criminal record:
- Conduct thorough, FCRA-compliant background checks so you fully understand the record before extending an offer.
- Document your hiring decision and the reasoning behind it.
- Maintain clear company policies regarding criminal background checks and communicate expectations clearly.
- Consider appropriate supervision or role limitations if the job duties warrant it.
- Have a prepared response plan in case the situation becomes public.
- Avoid reacting emotionally or immediately commenting under the original post.
- Monitor the post and related activity closely for the first week or two.
- Consider posting a calm, factual statement on your own business page or website.
- Document any actual financial impact with specific evidence (lost jobs, canceled contracts, etc.).
- Consult an experienced employment or defamation attorney right away. A cease-and-desist letter is only appropriate if the post contains provably false factual statements about your business (not just accurate information about the employee or general opinions).
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