Many people see trespassing as ignoring prohibitive signs and accessing a restricted area. They are even often under the impression that such acts can only result in a criminal conviction if the property is commercial.
Below is a look into the legal definition of the offense, as well as the potential for getting an associated conviction expunged if doing so becomes necessary.
How Does California Define Trespassing?
Under California law, trespassing generally means entering or staying on someone else's property without permission. Penal Code 602 has many subsections covering different conduct, such as refusing to leave when asked, occupying property without consent, or entering with intent to interfere with the owner's rights. The crime falls under California Penal Code 602, and it can result in either a felony, infraction, or misdemeanor conviction, depending on the circumstances at play.
The recommended course of action to fight these incidents is to hire a criminal defense lawyer, as doing so presents the potential for the best possible outcome. An attorney will attempt to either have the charges for the criminal offense lowered or dismissed altogether. They can also help explain how to expunge curfew charge in CA.
How Are Trespass Crimes Classified?
Depending on the sequence of events that occurred, trespassing can be charged as any of the following:
- Infractions - Under Penal Code 602.8
- Misdemeanor - Under Penal Code 602
- Felony - Under Penal Code 601
These incidents are rarely treated as felony crimes, but when they are, they will typically feature circumstances where a threat of serious injury was made, after which the offender enters the victim's home or workplace within 30 days, intending to carry out the act alluded to before.
A conviction introduces the possibility for different penalties, including:
- Probation - Since AB 1950 took effect in 2021, misdemeanor probation is generally limited to 1 year and felony probation to 2 years, with some exceptions. It will require submitting to several conditions.
- Fines - If a fine is required, the amount will usually depend on the severity of the incident.
- Jail or prison sentence - As is the case with the fine, the prison or jail sentence will depend on the severity of the crime, as well as whether it was treated as a felony or misdemeanor offense.
Understanding Expungement and Its Impact on a Criminal Record
Expungement is a legal process that allows convicted individuals to gain a fresh start by cleaning their criminal records. In California, expungement is also known as a “dismissal.” The conviction is set aside and the case is dismissed. The case does not disappear from the record; the record shows the dismissal.
Eligibility for Trespass Expungement in California
If a convicted individual is to have their record expunged, they must meet the following eligibility criteria:
- Any sentence must have been completed, including any probation or jail time.
- Unpaid restitution does not bar relief, and in the court's discretion, unpaid fines do not either.
- The crime committed must allow for an expunged record.
Infractions and misdemeanors, such as trespassing, petty theft, and failure to appear in court, may be expunged. On the other hand, crimes, such as sexual offenses with minors and failure to submit to a police inspection of a vehicle, cannot be removed from a record. Note that if the trial and conviction took place at a federal court hearing instead of a state one, expungement is also not possible.
Expunging a Felony Conviction in California
Felony convictions can often be expunged. Felony cases where probation was granted are routinely dismissed under Penal Code 1203.4, often after the felony is first reduced to a misdemeanor under Penal Code 17(b). Felony sentences served in county jail under Penal Code 1170(h) may qualify under Penal Code 1203.41. Those who served a state prison sentence generally do not qualify for these forms of relief.
The Trespassing Expungement Process in California
The expungement process in California involves filing a petition with the court, which must be done in the county where the sentence took place. It requires that the initiating party fills out the correct forms and provides supporting documentation, such as proof of completion of the associated sentence. The court will review the petition and may request additional information or schedule a hearing.
If the petition is granted, the court will change the disposition of the case to reflect a dismissal.
How Long Does Expungement Take in California?
The length of time it takes to complete the expungement process in California can vary depending on the complexity of the case and the court’s workload. On average, expungement can take anywhere from 30 to 120 days. However, the process may take longer if there are any issues or complications.
Fees Associated with Trespassing Expungement in California
There is no court filing fee for an expungement petition under Penal Code 1203.4. Note that there may still be a need to pay for additional services, such as court transcripts or document preparation.
Impact of Expungement
Why would someone be interested in having their record expunged? The process can provide beneficial results, such as:
- Changing the record to show that the case was dismissed.
- Releasing the offender from most of the penalties and disabilities of the conviction.
- Preventing most private employers from asking about or considering the conviction.
- Increasing the chances of getting approved for loans and jobs
An expungement does not let the person answer “no” on every application. The conviction must still be disclosed on applications for public office, for a state or local license, and for contracts with the California State Lottery.
Seeking Legal Guidance for Record Expungement
Expungement can be a complex process, and legal guidance can help. An attorney can help with navigating the process, preparing the petition, and representing the requester in court. They can also explain how to expunge truancy charge in CA.
Schedule a Consultation with a California Expungement Attorney Today!
Expunging a trespassing charge in California can be a life-changing experience, providing a fresh start and improving a previously convicted individual's chances of success.
By understanding the expungement process, eligibility requirements, and potential consequences, you can make informed decisions about your case.
One way to get this understanding is by talking with attorney Blair Goss, a Sacramento expungement lawyer at Goss Law.
He can also assist you through the process from beginning to end, so you can take your life back. Schedule a consultation with Goss Law today!
Need help with a case in Sacramento? Read about my criminal defense work, or tell me what happened.
This post is general information about California law, not legal advice about your situation. Laws change, and every case is different. For advice about your case, talk to a lawyer.