What Is Criminal Trespass in Ohio?

Under the Ohio Revised Code (ORC) §2911.21, an individual is guilty of criminal trespass in Ohio when they “knowingly enter or remain on the land or premises of another”, or when they enter or stay on another person's property, although fully aware that they shouldn't be there due to certain lawful restrictions.

“Land” or “premises” may mean land, building, structure, or place that belongs to another person. Moreover, individuals may be charged with criminal trespass on land that is owned or managed by a public agency. The fact that a land is publicly owned, such as a city park, government building, or state forest, does not give an individual the right to enter at any time to do whatever they want. Similarly, when someone enters agricultural land or privately owned land, or engages in fishing, trapping, or hunting without authorization, they have committed the crime of criminal trespass.

Aggravated trespass is a more serious offense, exemplified by the more stringent punishments it attracts. Aggravated trespass is entering and remaining on land or premises belonging to another person with the intention to commit a misdemeanor offense while on the premises. This includes causing bodily harm to another person or making someone believe that they may be in danger of physical harm.

How to Look Up Public Criminal Trespass Records in Ohio

Under Ohio's public record laws, interested residents may access public criminal trespass records by making a request. The public may access criminal trespass records online, in person, or by mail. However, juvenile and sealed records are not publicly available.

Online

Many Ohio courts provide access to court records through public portals. Cases handled by the Ohio Supreme Court may be found on their online portal. Record seekers may search by case number, case type, and filing date. Similarly, some county courts offer access to view court records on their websites. Additionally, some third-party websites offer access to public court records. These may be a good starting point for research purposes. However, they are not associated with the government. Therefore, the accuracy and completeness of records obtained from them are not guaranteed.

In Person

The first step in seeking criminal trespass records in Ohio is to identify the court where the case was filed. Most criminal trespass cases are misdemeanors. Misdemeanors are typically tried at county courts and municipal courts, while most felony cases are tried at the court of common pleas. Having identified the appropriate court, record seekers may approach the clerk of the court, providing relevant information that may facilitate the search. These include the case number, name of defendant, date, and presiding judge. Sometimes a fee may be involved to cover the cost of producing copies of the record.

By Mail

Interested parties seeking to obtain criminal trespass records by mail may first contact the office of the clerk of the court. Typically, mailing details may be found on the court's website. They are required to pay for records by cheque or credit card.

Types of Criminal Trespass Offenses

In Ohio, simple criminal trespass is a fourth-degree misdemeanor. However, it may be charged as a different type of offense, ranging from a misdemeanor to a felony. Under Ohio Revised Code § 2911.21, criminal trespass is punishable by up to 30 days in jail or a fine of up to $250.

Under §2929.28 of the Revised Code, when the trespass involves the use of a snowmobile, off-highway motorcycle, or all-purpose vehicle, the individual must pay double the standard fine. Moreover, if the offender has two or more previous violations, the court may impound the vehicle's certificate of registration for 60 days in addition to the fine and jail time.

Under ORC 2911.211, aggravated trespass is when an individual enters or remains on another person's property with the intention of committing assault or physical harm to someone else, or enters in a manner that disturbs the peace or causes safety concerns.

Similarly, when an individual enters and remains in a critical facility or infrastructure with the intent to cause damage or tamper with it, they may be charged with trespass.

Under ORC 2911.23, criminal trespass on a place of public amusement occurs when an individual deliberately enters and remains in a restricted area in a public amusement facility, such as a stadium or theatre, and disrupts operations. It is a first-degree misdemeanor - the standard sentence is up to 180 days in jail and a fine of up to $1,000.

In addition to the fine and jail time, the offender may be subject to up to 120 hours of supervised community service.

Penalties for Criminal Trespass in Ohio

Criminal trespass is a fourth-degree misdemeanor. It is punishable by 30 days in jail and a fine of up to $250. However, the specific charges and penalty depend on the severity of the offense and any aggravating or mitigating factors, the offender's criminal history, and whether they have criminal intent upon entry. In addition to the sentencing guidelines, judges have a wide latitude to determine the sentence.

Individuals with no prior criminal record may be inclined to get a more lenient sentence. The judge may apply discretion to grant alternatives to incarceration where these could better serve rehabilitation purposes.

Criminal trespass involving the use of a snowmobile or all-purpose vehicle is punishable by 60 days in jail and a fine of up to $500. In addition, the vehicle license may be impounded.

Criminal trespass in a public amusement facility is a first-degree misdemeanor. It attracts a sentence of up to 180 days in jail, and up to $1,000 fine. The offender may additionally be subjected to 120 hours of supervised community service.

Can You Be Arrested for Criminal Trespass in Ohio?

Law enforcement officers are duty-bound to arrest an individual when they have probable cause to believe that they have committed criminal trespass in Ohio. The rights of property owners to privacy and security are a venerable part of Ohio statutes. The state is emphatic on the respect for individual agency and individual security. As such, the rights of an individual to freedom of movement stop at the point where they infringe on the rights of another person. Simple trespass in Ohio is a fourth-degree misdemeanor punishable by up to 30 days in jail and a fine of up to $250.

Also, according to the law, the fact that the premise is a public place is not a defense against trespassing. Implied consent or consent obtained through false statements is not tenable.

However, whether the individual would be arrested is dependent on specific details about the trespass incident. For instance, if it is established that the individual fled to the property in an emergency, or they accidentally entered another person's property, or the evidence is weak, an arrest may not be necessary.

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

Even though they may look similar, before the law, burglary and criminal trespass are distinct offences with different implications. An individual commits burglary when they use force, stealth, or deception to unlawfully enter an occupied structure with the intention of committing theft or assault inside. Typically, burglary occurs in occupied structures that are used as temporary or permanent dwellings. These can include buildings, vehicles, trailers, or sheds. Third-degree felony burglary does not require the presence of any other person in the structure. It is punishable by 9 months to 3 years in prison and a fine of up to $10,000.

Second-degree felony burglary, on the other hand, involves unauthorized entry of a dwelling or habitation with the intent to commit a crime, and when one or more people are present, or likely to be present. It is punishable by 2 to 12 years in prison and a fine of up to $15,000.

Trespass involves going into someone else's property without consent and recklessly remaining when notice against such is given. It is punishable by up to 30 days of jail time and up to $250 fine. The property owner may provide notice either through posts or signage, fencing, or by direct communication.

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

In Ohio, in addition to the sentencing guidelines, judges are permitted to apply discretionary alternative sentencing measures apart from incarceration. This is where provisions such as deferred adjudication, community service, and diversion programs come into the picture.

The criminal trespass law, codified in Ohio Revised Code (ORC) §2911.21, stresses some vital elements. These include:

• Privilege or consent,
• Reckless entry or staying,
• Notice or communication, and
• Negligently failing or refusing to leave

For a violation to occur, all these conditions must be met; otherwise, the criminal trespass charge may be dismissed. If it can be established that the defendant had previously received authorization to be on the property, the case may be dismissed. Or if it was an emergency or the individual accidentally ended up on the property, the case may be dismissed.

In order to balance between accountability and rehabilitation, judges are permitted flexibility in sentencing. Having considered the circumstances and the individual's criminal record, the judge may apply alternative sentencing measures, such as deferred adjudication, community service, or diversion programs.

Offenders may avoid a formal conviction by successfully completing diversion programs. Upon conclusion of the diversion program, they are eligible to expunge the criminal charges after the mandatory waiting period.

Furthermore, the criminal code also recognizes plea bargains. The offender may be able to negotiate a plea deal with the prosecutor. For instance, they may plead to a lesser violation, thereby avoiding a conviction record, or in exchange for a more lenient sentence. This may be more likely to succeed if the individual has no prior criminal record. Plea deals are recognized by the court and are binding to both parties. Sometimes, the court must approve the conditions of the plea deals before they can take effect. Sometimes, the individual can downgrade the charge to a lesser charge so that it may be expunged in the future.

Will an Ohio Criminal Trespass Charge Stay on Your Record?

In Ohio, criminal trespass information does not automatically drop off court records. They typically remain permanently on record even if the case was dismissed, diverted, or the defendant was acquitted.

Criminal charges may have far-reaching effects on the offender's life. Unless they are expunged, such charges may limit the person's career future and professional opportunities. Opportunities such as employment, admission, travel, and housing are typically less available to individuals with criminal records.

To get criminal trespass charges off the record, the offender must petition the court for expungement. Once an order of expungement has been signed, the individual's record is clear, as though the conviction never occurred.

Expungement or Record Sealing Options in Ohio

Having a criminal record in Ohio often comes with lasting collateral consequences. Under the Ohio Expungement Statute, ORC 2953.32 and ORC 2953.52, the law offers offenders two major forms of record relief: expungement and sealing. Expungement completely removes the record from court and law enforcement databases. Sealing restricts public access while maintaining the record for future reference by certain agencies. Law enforcement agencies have access to sealed records as they may be useful in future investigations. Also, the courts may require access to the records for future sentencing.

Some of the eligibility requirements for expungement of criminal trespass include:

• One year must have elapsed after completing the terms of a misdemeanor trespass sentence
• Three years must have elapsed after completing a fourth or fifth-degree felony sentence
• The individual must not have any pending criminal charges

To get their trespass record expunged, offenders must file a petition with the court where the case was handled and include proof that they have completed the terms of their sentence, including probation, parole, or community service. They must also include evidence of paying fines and restitution.