What Is Criminal Trespass in North Carolina?

Criminal trespass in North Carolina is when a person knowingly enters or stays on someone else‘s property without permission or after being asked to leave. Under North Carolina General Statutes § 14-159.12 through § 14-159.13, trespass laws are categorized into first-degree and second-degree offenses, depending on the circumstances of the trespass.

Second-degree criminal trespass typically applies when someone remains on property after being clearly told not to, such as ignoring “No Trespassing” signs, fences, or a direct order to leave. First-degree criminal trespass is a more serious offense and typically involves entering or remaining on a building or property that is enclosed or secured, indicating that entry is not permitted.

For a conviction, prosecutors must prove that the person knew or should have known they did not have the owner‘s consent. In summary, North Carolina law considers trespass as an intentional act of going onto someone’s land or premises without legal right or permission.

How to Look Up Public Criminal Trespass Records in North Carolina

To look up public criminal trespass records in North Carolina, you can use the North Carolina Judicial Branch’s online court records system, called NCCourts (nccourts.gov). With the Criminal and Infraction Case Search tool, you can search by name or case number to view pending cases, convictions, and court dates. This service is free and provides statewide access to public court records.

For certified copies or more detailed information, visit the Clerk of Superior Court in the county where the trespass charge was filed. Some clerks may charge small fees for printed records or background checks.

Note: Sealed or expunged records will not show up in these searches, as they are removed from public view under North Carolina expungement laws.

Types of Criminal Trespass Offenses

North Carolina recognizes two main types of criminal trespass offenses: first-degree and second-degree. Each of these types of crimes has different levels of severity based on the circumstances:

• Second-degree criminal trespass: This happens when someone knowingly enters or stays on property after being told not to. This warning can come from posted “No Trespassing” signs, fencing, or a direct verbal warning. This offense is usually charged as a Class 3 misdemeanor, the least serious type. It can lead to fines or short jail time, especially for repeat offenders.
• First-degree criminal trespass: This is a more serious offense that applies when a person enters or remains in a building, home, or secured area without permission. Depending on the situation, like trespassing into a home, school, or utility facility, it may be charged as a Class 2 or Class A1 misdemeanor. In some cases, it can even be classified as a felony if it involves safety or critical infrastructure.

Penalties for Criminal Trespass in North Carolina

In North Carolina, criminal trespass penalties vary depending on the type of offense and the specific circumstances of each case. Although many trespassing cases fall under the category of misdemeanors, they can escalate to felonies under more severe conditions.

Class 3 misdemeanors include 2nd-degree criminal trespass, which can result in up to 20 days in jail and a $200 fine, typically for individuals who disregard “No Trespassing” signs or ignore verbal warnings. First-degree criminal trespass is a Class 2 misdemeanor, punishable by up to 60 days in jail and a fine of up to $ 1,000.

If the trespasser enters a dwelling, school, or a facility that is critical infrastructure, or if the person is armed and has been warned, then the charge can be escalated to Class A1 misdemeanor or felony-grade offenses, with the potential for jail time exceeding one year.

The penalties are higher for repeat offenders, particularly if the trespass involved damages or posed a risk to public safety.

Can You Be Arrested for Criminal Trespass in North Carolina?

Yes, in North Carolina, criminal trespass is usually an arrestable offense. All law enforcers have the power to make an arrest when an individual is found on someone’s private or restricted property without prior consent, especially if the individual does not leave after a warning. Even when the trespasser leaves the property, the police are still able to arrest them later if there is evidence of trespass, such as video recordings, witness accounts, or complaints from the property owner. Criminal offenses are those that involve first or second-degree consolidated trespass, and those crimes require an arrest, detention, and a subsequent court arraignment. When a person is a repeat offender or there are aggravating factors, the detention becomes more punitive and longer.

How Criminal Trespass Differs from Burglary or Breaking and Entering in North Carolina

In North Carolina, criminal trespass is defined as entering or remaining on someone else’s property without permission. However, it is essential to note that it differs from burglary, which involves breaking and entering. You cannot, however, plan to commit another crime to be charged with trespass.

For burglary and breaking and entering, there is required intent and or force to commit the crime. According to North Carolina law (§14-51 and §14-54), burglary is defined as entering a dwelling unlawfully and at night with the intent to commit a felony or theft. Breaking and entering can involve any type of structure, at any time of the day, when force is applied to gain access with criminal intent, even a little force. Burglary and breaking and entering are felony offenses that are punished very harshly, including prison time of several years, as compared to the misdemeanor of trespass, which is very light.

Can a Criminal Trespass Charge Be Dismissed or Reduced in North Carolina?

Yes, North Carolina criminal trespass charges can sometimes be reduced or dismissed, particularly in cases involving first-time offenders or minor violations. The. Prosecutors tend to recommend plea deals or deferred prosecutions in cases with no prior criminal history, particularly where the offense does not involve damage, threats, or patterned behavior.

In some counties, diversion programs that include community service agreements allow defendants to complete specified conditions, such as restitution, educational classes, or volunteer hours, in exchange for the dismissal of the charges. This approach is for minor offenders while still holding them accountable.

If a conviction or dismissal is rendered, the individual may be eligible for expungement within North Carolina. These remove non-violent misdemeanors after a waiting period.

While the factors for dismissal vary from case to case, an individual’s cooperation, the absence of a criminal record, and assuming responsibility for the role, such as stating an apology or paying restitution, can increase the chances of a trespass charge being reduced or, in some cases, dismissed.

Will a North Carolina Criminal Trespass Charge Stay on Your Record?

In North Carolina, even a misdemeanor can affect a person’s criminal record and background checks. Once it is filed, it becomes part of the public record, remaining there until it is either dismissed or expunged. If the individual is convicted of a misdemeanor, the offense will remain on their record permanently unless they later qualify for expungement.

If the charge is dismissed, the person is found not guilty, or it is resolved through a diversion program, the record can be expunged immediately. Most employers and landlords will not be able to see it, and it becomes private.

Keeping a clean record is easier for nonviolent misdemeanor trespassing charges. Most nonviolent misdemeanor trespassing charges can be expunged after a waiting period, typically a few years following the completion of the sentence or probation. In conclusion, a criminal trespass charge will affect a person’s record, but it does not have to stay there forever.

Expungement or Record Sealing Options in North Carolina

North Carolina law allows certain criminal trespass charges and convictions to be expunged, meaning they are permanently removed from a person’s public criminal record. The state does not use the term record sealing in the same way some other states do; instead, an expungement achieves the same goal by erasing the record from public access.

Under N.C. Gen. Stat. § 15A - 145.5, individuals may be eligible for expungement if their trespass case was dismissed, resulted in a not-guilty verdict, or was a non-violent misdemeanor conviction that meets the state’s waiting period requirements. Typically, a person must have completed all terms of their sentence or probation and maintained a clean record for several years before being eligible to apply.

Once granted, an expungement removes the case from public databases, and most employers, landlords, and background checks will no longer show the offense. However, law enforcement and courts may still retain confidential records for limited legal purposes.

In short, while North Carolina does not “seal” records, eligible individuals can expunge criminal trespass charges or convictions and effectively clear them from public view. In doing so, they can restore their record and regain future opportunities.