What Is Criminal Trespass in California?

Under California law, criminal trespass occurs when someone enters another person's property without permission or the right to do so. This offense also applies to a situation where the trespasser remains on the property after being asked to leave.

California Penal Code Section 602 outlines several instances that may result in a criminal trespass charge. They include entering someone's property to cause damage or interfere with business, refusing to leave after being asked to leave, going onto posted or fenced land without consent, or occupying a property without the owner's consent or permission.

For someone to be convicted of criminal trespass in California, prosecutors have to prove beyond a reasonable doubt the following:

1. An individual willfully entered land or a building belonging to someone else.
2. They entered without the permission of the owner (or owner's agent or person in lawful possession of the property).
3. After entry, they occupied the land or building without the consent of the owner, and
4. The alleged trespasser occupied some part of the land or building continuously until they were removed.

Typically, a notice of trespass may be verbal (such as a manager or owner telling the offender to leave) or through signs or fencing on certain lands. Ignoring these notices makes the trespasser's presence illegal. 

California statutes recognize specific scenarios that may influence the severity of criminal trespass charges, determining whether it is categorized as a misdemeanor, an infraction, or a felony. These include refusing to leave a business open to the public after notice (Penal Code § 602.1)and entering or remaining in a non-commercial residence without the occupant’s permission (Penal Code § 602.5). Penal Code § 601 addresses aggravated trespassing, a felony that occurs when someone enters another person's workplace or home within 30 days of making a credible threat.

How to Look Up Public Criminal Trespass Records in California

Requesters wishing to look up public criminal trespass records may begin their search from the California Courts' "Find Your Court" portal. They may use the portal to identify the appropriate Superior Court and its online case search. Most counties' Superior Courts offer an online case search that allows interested parties to search for cases by name, case number, or citation. Basic searches are free, but requesting certified copies or full case documents from the Clerk of Court may involve nominal fees.

For a comprehensive statewide criminal history, individuals may request their own criminal history background check by submitting a Department of Justice (DOJ) Record Review via Live Scan fingerprint process (fees apply). 

Note: A Penal Code §1203.4 dismissal does not seal arrest and conviction records; background checks may display them as "dismissed per 1203.4," and such records remain visible to law enforcement agencies.

Types of Criminal Trespass Offenses

In California, trespassing may be charged as an infraction, a misdemeanor, or a felony, based on the circumstances that led to the offense.

Infraction Trespass: This is the least severe form of trespassing in California. An individual who willingly enters another person's property despite the presence of a fence and/or "No Trespassing" signs posted may face a civil infraction charge. Under PC §602.8, first and second offenses are considered infractions.

Misdemeanor Trespass: This is the most common type of trespass in California, punishable by jail time (up to 6 months), fines, and probation or community service. 

Aggravated Trespass: Aggravated trespass, also known as felony trespass, occurs when an individual makes a credible threat of violence and enters the owner's property within 30 days of making the threat. Aggravated trespass is a wobbler under Penal Code 601, meaning prosecutors may charge it as a misdemeanor or a felony. 

Penalties for Criminal Trespass in California

Infractions (Penal Code §602.8)

This category comprises trespass offenses that are typically treated as non-criminal infractions when the entry is minor. Deliberately entering fenced land with a "no trespassing" sign is a civil infraction, with a fine of up to $75 for a first offense and $250 for a second. A third offense (within 7 years on the same land) will upgrade the offense to a misdemeanor. Infractions do not have jail terms under the California Penal Code.

Misdemeanors (Penal Code §§602, 602.1, 602.5)

Most cases of trespassing in California are misdemeanors. The penalties for trespass offenses in this category are as follows:

• General trespass (§602): up to 6 months jail and/or $1,000 fine
• Business interference (§602.1): up to 90 days jail and/or $400 fine
• Residential trespass (§602.5): up to 1 year jail and/or $1,000 fine

Aggravated Trespass (Penal Code §601)

This involves a situation where an individual makes a credible threat and then enters the victim's home or workplace within 30 days of the threat to carry it out. Aggravated trespass may be charged as a misdemeanor or felony:

• Misdemeanor version: up to 1 year in county jail
• Felony version: 16 months, 2 years, or 3 years in county jail (per §1170(h))
• Fines: up to $10,000

Can You Be Arrested for Criminal Trespass in California?

Yes. Criminal trespass is an arrestable offense in California. According to Penal Code §836(a)(1), an officer may carry out a warrantless arrest for a trespass misdemeanor that occurs in their presence. They may effect an arrest on probable cause for felony trespass, such as aggravated trespass (credible threat followed by entry into the victim's home or workplace) under Penal Code §60. In situations where the officer did not witness the offense, they may still establish probable cause through evidence such as surveillance video or witness statements.

How Criminal Trespass Differs from Burglary or Breaking and Entering in California

In California, the focus of criminal trespassing is on unauthorized entry or presence. The state typically charges criminal trespass under Penal Code § 602 (general trespass) or § 602.5 (entering and/or remaining in a dwelling without consent). These offenses do not require the intention to commit another crime. Just being where one is not authorized to be is (after notice) enough.

On the contrary, burglary involves entering a building or structure with the intent to commit theft or another felony offense within (Penal Code § § 459/460). California does not require "breaking and entering" for an offense to qualify as a burglary. Entering a building with criminal intent is the principal element.

Can a Criminal Trespass Charge Be Dismissed or Reduced in California?

In California, prosecutors and judges may reduce or dismiss criminal trespass charges for first-time offenders or minor offenses. This often involves the prosecutor and the defendant's lawyer working out a plea deal. Typically, the defendant pleads guilty to a lesser offense or completes specific requirements (such as community service, counseling, or restitution) in exchange for the dismissal of the case upon fulfillment of all conditions. 

One option for having a first-time or level case dismissed in California is judicial misdemeanor diversion (Penal Code §1001.95). In this instance, a judge may mandate that a defendant participate in a diversion program (often community service, counseling, or stay-away orders) for up to 24 months. After successfully completing the program, the court typically dismisses the case. Other targeted diversion laws may apply based on circumstances, e.g., mental-health diversion (§1001.36) or military/veterans diversion (§1001.80). 

Another option is the Deferred Entry of Judgment or Deferred Judgment disposition (used by courts in practice). In this process, the defendant enters a plea, but judgment is deferred until the specified conditions are met. If the defendant successfully completes the program, the case is dismissed.

Cases that are dismissed (via diversion or otherwise) are typically sealed under Penal Code §851.91. California also offers a post-conviction remedy through §1203.4 dismissal (often called "expungement"). Some convictions may also qualify for automatic relief under §1203.425 later.

Will a California Criminal Trespass Charge Stay on Your Record?

In California, a person's criminal trespass conviction will remain public unless it is sealed. Such records may appear in court indexes or background checks conducted by landlords, employers, or licensing bodies. Those with conviction records may have them dismissed under § 1203.4, expungement. However, court records dismissed through this process are not sealed or erased. They often appear in background checks, marked "dismissed per § 1203.4".

California allows individuals whose cases were dismissed or acquitted, or who completed a diversion program, to petition to seal their arrest and court records. This may be done under Penal Code 851.93 (automatic sealing of no-conviction situations) and Penal Code § 851.91 (petition process for other processes). Records sealed through these processes are hidden from public view and do not appear in routine background checks. However, some government agencies (e.g., law enforcement and courts) may still have limited access.

Expungement or Record Sealing Options in California

California offers two main remedy options depending on the outcome of a case: Sealing after no conviction(Penal Code §851.91) and a post-conviction relief (§1203.4 dismissal):

Sealing after no conviction: Under this process, individuals whose arrests or cases were dismissed or acquitted may petition to seal their arrest and related records under Penal Code § 851.91. Once approved, the court orders agencies to restrict public access. The defendant may legally claim that the record never existed, subject to narrow exceptions.

Post-conviction relief: Individuals who have completed probation or their sentence on a trespass conviction may request a §1203.4 dismissal. Under this remedy, the defendant withdraws their guilty plea, the court enters a dismissal, and the case is officially closed as if the conviction never existed. As a result, the defendant may legally claim they have never been convicted for purposes such as job applications or housing. However, this does not erase or seal the record totally. The case is expected to remain on court records and the defendant's California Department of Justice (DOJ) criminal history, as "dismissed under Penal Code §1203.4".

Although a §1203.4 dismissal lessens the consequences of having a criminal record, law enforcement, courts, and some government agencies are expected to maintain access to such a record.