What Is Criminal Trespass in Washington?

In Washington, criminal trespass occurs when a person knowingly enters or remains on someone else's property without lawful permission. Under RCW 9A.52.070 and RCW 9A.52.080, trespass may be classified as either first degree or second degree.

A first-degree trespass involves unlawfully entering or remaining in a building, while a second-degree charge involves entry onto open lands, such as a parking lot or an open field.

Intent is particularly crucial in a trespass charge, as criminal trespass implies that the offender knowingly and intentionally entered or remained on premises where they were not authorized to be. Accordingly, trespass charges may be brought when trespass signs or warnings are ignored, when entry occurs after hours, when the defendant knowingly enters a restricted area, or remains on the property after permission to stay has been revoked.

How to Look Up Public Criminal Trespass Records in Washington

For trespass records spanning arrest to conviction, searches should be conducted at the state's judiciary:

1. Visit the official website for Washington State courts and identify the case search tool
2. Search for the required case by entering the person’s name. If the individual's middle name or city of residence is known, include it in the search to narrow down search results.
3. Once the query is initiated, the researcher is typically prompted with a case file, where trespass convictions may be assessed.
4. Once results are available, look under the case type column for keywords such as “trespass”, “criminal”, “criminal misdemeanour”.

Search results typically include the court name, the case status, and the case number.

If the individual knows the location of the offense, city and county-level resources may also provide required records:

• Seattle Municipal Court
• Spokane Municipal Court
• King County Superior Court

Note: search results may not contain sealed records.

Types of Criminal Trespass Offenses

Since a single act of misconduct may constitute both a crime and a civil infraction, the distinction between criminal trespass and other types of offenses is often blurred.

Whether an act of trespass is typically categorized as a criminal trespass or a mere civil infraction depends on the level of aggravating circumstances surrounding the offense. These include prior warnings, the location of the trespass, and whether the individual’s conduct on the premises suggests malice.

For instance, if the trespasser attempted a break-in on the premises, a criminal trespass may be charged as a felony.

Civil Infractions:

Trespass allegations, cited for civil infraction, often result in fines rather than jail time. Instead of a trespass charge, a civil infraction notice may be issued for first-time offenses, for trespasses where the offender left when asked to do so, and for trespasses that occurred with no damage or malicious intent. However, Washington state does not classify trespass as a civil infraction. Instead, trespass offenses are often charged as either misdemeanors or gross misdemeanors.

The two major types of crimes regarding trespass in Washington: criminal tresspass in the first and second degree:

• Criminal trespass in the first degree is a gross misdemeanor, as defined by state laws, which may result in a fine of up to $5,000 or a jail term of up to one year. Knowingly entering and/or illegally remaining in a building or structure (such as homes, offices, stores) constitutes criminal trespass in the first degree.
• Criminal trespass in the second degree: In Washington state, deliberately going into another's land or open property is considered a misdemeanor. This could result in a $1,000 fine or a one-month jail term.

Penalties for Criminal Trespass in Washington

In Washington, the consequences for trespassing may vary depending on the location of the trespass occurs. Trespassing in a building or enclosed space typically attracts more severe penalties than trespassing on open land. The maximum penalties for trespassing in Washington state are capped at $5,000 and include a potential jail term of up to one year. The maximum penalties apply to gross misdemeanours. Misdemeanors, however, carry a possible penalty of up to three months in jail and a fine of up to $1,000.

The following factors may also affect trespass penalties:

• Coming back to a place despite previous warnings
• Trespassing at night
• Aggravated conduct (such as possession of weapons, harassment, or domestic violence) may increase the severity of the penalty.

Can You Be Arrested for Criminal Trespass in Washington?

Arrests are usually made based on citizen complaints and direct observation by law enforcement. For example, a police officer may arrest a stranger if they find them snooping around someone else's property. Surveillance footage, witness testimony, or statements from the property owner may be used to prove the crime against such a person. Refusal to leave the premises when asked may also be taken as evidence of the trespass, and may lead to arrest.

Officers may arrest a person if they are caught trespassing, despite receiving previous warnings or having been previously banned. Additionally, an offender may also be charged if the trespass is linked to other offenses, such as vandalism or burglary.

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

Trespass is often confused with other offenses like burglary or breaking and entering. However, these three crimes are very different, as the elements for proving each of the offenses are pretty distinct.

While criminal trespassing refers to deliberately gaining access to a building or property through unauthorized means, burglary refers to invading a building with the intent to commit a crime against persons or property in that building or property. Breaking, on the other hand, refers to the use of force or fraudulent means to gain unauthorised entry to a building or property.

It is important to note that, according to Washington state laws, breaking and entering is not a standalone crime. However, it is considered a factor that could turn trespass into burglary.

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

Washington state law is somewhat lenient towards first-time offenders, offering them opportunities to avoid a conviction through diversion programs, deferred adjudication, community service, and dismissal of charges.

Prosecutors may dismiss criminal trespass charges if there is insufficient evidence to suggest the crime occurred. They may also opt for a reduced sentence if the offender completes alternative diversion programs or some form of community service.

Ideally, completing the required diversion program (which could include counselling or community service) results in a complete dismissal of charges and a clean record. Courts may also utilise deferred adjudication, which delays sentencing until the terms of the court are met.

If the court’s requirements are fulfilled, the case may be dropped or the charges lowered, potentially saving the defendant from a conviction.

Will a Washington Criminal Trespass Charge Stay on Your Record?

Unless a court order to seal, vacate, or expunge a conviction record is obtained, most conviction records (including criminal trespass) remain on record permanently. Even where the case was dismissed or the defendant was acquitted, trespass charges still come up in most background checks.

Under RCW 10.97.060, before a criminal trespass record may be sealed or expunged in Washington, the following criteria must be fulfilled:

• The applicant must have no prior felony or gross misdemeanor convictions.
• At least two years have passed since the case was officially dismissed or resolved in their favor.
• The applicant must have no pending criminal charge within or outside Washington.

To vacate a criminal trespass record, the following requirements must be met:

• All terms of the imposed sentence have been met.
• At least three years have passed since completing the conditions of the sentence.
• The applicant must have no new criminal convictions in those 3 years.

Note that vacating a record removes a conviction from publicly accessible criminal databases, while sealing removes access to the case records. In both cases, only authorized agencies may have access to the records.

Expungement or Record Sealing Options in Washington

Depending on the conviction status of the record, the state allows for trespass charges to be sealed and expunged. Records with no conviction may be erased, while records with convictions may only be vacated.

Vacating a conviction means setting aside the guilty plea, thereby canceling the judgment. This results in the removal of the record from public access. After this process is done, only government agencies are allowed to access the case records.

Sealing a record restricts public access to the case record. This also means that employers do not have access to sealed records, even if a background check is done. However, the case record is not destroyed or deleted.

Expunging a case record allows a person to claim they were never arrested or charged, as expungement typically involves the destruction of the relevant documents. Expunged records do not appear on criminal history reports and usually apply to non-conviction cases.

Eligibility criteria for expungement:

• The case is a non-conviction case
• The records sought to be expunged are not part of an ongoing investigation.
• Records may only be expunged at least two years after the date of dismissal or acquittal.
• Applicants must have no previous felony or gross misdemeanour convictions.