What Is Criminal Trespass in North Dakota?

North Dakota law defines criminal trespass as when a person knowingly enters or remains in a dwelling or secured premises where they are not licensed or privileged to be. In simpler terms, criminal trespassing refers to entering another person’s land, dwelling, or secured area without permission and remaining there after being asked to leave.

North Dakota Century Code § 12.1-22-03 defines several ways in which a criminal trespass can occur, including trespassing on a person’s home, fenced area, or refusing to leave after seeing signage or receiving verbal warnings to do so. These variations of the criminal trespass offense may be classified as misdemeanors and felonies, each with different penalties. Although all these offenses cover slightly different circumstances, they share the key component: the offender was on the property illegally and knew or should have known that they were not permitted to be there.

How to Look Up Public Criminal Trespass Records in North Dakota

Residents of North Dakota may check whether they or another person has a criminal trespass charge or conviction using official resources from the state or county agencies, including local clerks of court or the North Dakota Bureau of Criminal Investigation.

• Local Clerks of Court: Record seekers may obtain criminal trespass case records in person from the clerk of the district court where the case was heard. Clerks may also accept mailed requests and send out copies of the required information on request. Although viewing records in person may be free, a small fee will be charged for copies and any certification required.
• Statewide Background Check: Interested parties may also check for criminal trespass records by ordering a statewide Criminal History Record check from the North Dakota Bureau of Criminal Investigation (BCI). The BCI offers visitors a quick name-based search or a more comprehensive fingerprint-based search for $15 per search.
• North Dakota’s Online Court Records System: Criminal trespass records may also be looked up online using the North Dakota Court Records Inquiry (NDCRI). The online database allows users to search for case information across counties using criteria such as full name, date of birth, case number, and case status.

All these options will only provide results for public record information; restricted records, such as sealed, expunged, and juvenile records, will generally not be available in the search results.

Types of Criminal Trespass Offenses

Criminal trespass offenses in North Dakota are categorized based on the level of intent or notice and the location where the trespass occurred. Although the law does not use degrees to differentiate the offenses, it does separate them based on severity. North Dakota Century Code § 12.1-22-03 breaks down the various levels of criminal trespass as follows:

• Class C Felony criminal trespass (§ 12.1-22-03(1-2)): An individual is guilty of this if they deliberately enter or remain in another person’s dwelling or a highly secured premises knowing they are not licensed or privileged to do so. Repeat offenses escalate it to a Class B felony.
• Class A Misdemeanor criminal trespass (§ 12.1-22-03(3)): An individual is guilty of this if they knowingly enter or remain in any building, occupied structure, storage, fenced or otherwise enclosed area.
• Class B Misdemeanor criminal trespass (§ 12.1-22-03(4)): An offender is guilty of the Class B offense if they deliberately ignore notice or warning against trespassing after verbal communication by the owner or another authorized individual or signage showing trespass is illegal.

These types of crimes in North Dakota carry severe penalties that increase according to the details and severity of the case, according to the law.

Penalties for Criminal Trespass in North Dakota

A conviction for criminal trespassing in North Dakota may result in severe penalties ranging from prison time to fines plus a criminal record. The exact penalties depend on the location of the offense, the trespasser’s intentions, and if aggravating factors such as weapons, ignored warnings, night trespass, and violence are involved in the crime. North Dakota law sets down penalties for criminal trespass offenses as follows:

• Class C felony criminal trespass results in up to 5 years in prison and $10,000 in fines.
• Class A misdemeanor criminal trespass results in up to 1 year in jail and $3,000 in fines.
• Class B misdemeanor criminal trespass results in up to 30 days in jail and $1,500 in fines.

Can You Be Arrested for Criminal Trespass in North Dakota?

Yes, in most cases, criminal trespass in North Dakota is an arrestable offense under the law. The more deliberate or dangerous the trespass, the steeper the legal consequences. Law enforcement officers may make the arrest immediately if they catch the offender on another person’s property unlawfully, whether inside a building, open space, or restricted area.

If the trespasser has already left the property, the officers may still make an arrest later, provided there is credible evidence showing the incident, such as eye witness testimony and security/surveillance footage or pictures. Specifically showing that the trespasser entered, remained in the property without permission, or ignored warnings to leave.

As the offense can be charged from a felony to a high-level misdemeanor, law enforcement does not need an arrest warrant to act when the offense occurs in their presence or when reasonable evidence exists.

How Criminal Trespass Differs from Breaking in or Burglary in North Dakota

In North Dakota, criminal trespass is often mixed up with burglary or unlawful entry; however, the law treats each one differently. The key points of these offenses include location, how the offender accessed the property, and the intention behind the trespass.

Under North Dakota Century Code § 12.1-22-03, criminal trespass occurs when the offender knowingly enters or stays on a property without permission. It is put simply, being somewhere you are not supposed to be, intent to commit another crime is not a factor here.

Burglary, as defined under § 12.1-22-02, is illegally entering or remaining in a building or structure with the intent to commit another crime inside, such as theft, vandalism, or assault. Forcibly entering the place is not required; simply walking through open doors with criminal intentions qualifies.

Unlawful Entry, defined in § 12.1-22-04, bridges the gap between burglary and criminal trespass. It applies when the offender enters a property unlawfully without the intention to commit a crime and lawfully with the intention to commit a crime. Forcible entry may count as a factor in these cases.

“Breaking and entering” is an older term that is no longer used in North Dakota. Instead, the law now focuses on whether a suspect entered the property unlawfully and what their intent was at that time.

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

Criminal trespass charges in North Dakota are often negotiable; prosecutors may be flexible with these cases, especially if there was little harm, a misunderstanding, or the offender is a first-timer.
Prosecutors tend to exercise their discretion and reduce, dismiss, or resolve these offenses through diversion programs and plea deals to avoid prison time. These decisions typically depend on the facts of the case and the defendant’s prior criminal background.
For first-time offenders and minor trespass offenses, such as accidentally wandering onto private land, prosecutors may agree to:

• Offer a plea deal involving conditions such as probation, fines, and community service instead of prison time.
• Reduce the charge to a lower-level misdemeanor, especially if there was no damage or intent to commit another crime.
• Dismiss the charge completely if the offender apologizes, accepts responsibility, and agrees to complete certain conditions, like

North Dakota also allows deferred adjudication-style programs such as pretrial diversion and deferred imposition of a sentence. Pretrial diversion pauses the case while the defendant completes some court-ordered conditions such as community service, counselling, restitution payment, and educational or rehabilitation classes. Deferred imposition permits the court to delay entering a guilty verdict or conviction until the defendant completes similar conditions. After completing these programs, the prosecutor dismisses the charges.

The defendant also has the option to expunge charges dismissed via these sorts of programs, removing them from their record.

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

A criminal trespass can appear on an individual’s criminal record in North Dakota, especially if the case ended in a conviction. All criminal cases are entered into the state’s court case database. As a Class A or B misdemeanor offense, a criminal trespass conviction will show on the offender’s criminal record. This means they are public records and are visible to the general public, including employers who can access them through background checks and court record searches, unless steps are taken to remove the record.

However, when the charge is dismissed, it may show in court case databases as dismissed instead of a conviction. Anyone who looks up the record will see the case was dismissed. Where the case was resolved through diversion programs and dismissed, it will appear in records as dismissed, but may still appear in public searches.

Criminal trespass charges and convictions will remain on an individual’s record unless expunged or sealed. North Dakota allows most low-level offenses to be sealed to offer offenders the chance of a clean slate. Most misdemeanor-level offenses can be expunged if the case ended without a conviction. However, conviction records are slightly harder to remove from a criminal record.

Expungement or Record Sealing Options in North Dakota

North Dakota law allows individuals convicted of certain criminal trespass charges and convictions to petition to expunge or seal these records, based on how the case was settled. Sealing and expungement will remove a criminal record from public access; however, they work a little differently. Sealed records are restricted from public access; however, law enforcement and certain government agencies may access them under limited conditions. Expungement is a more thorough form of record clearing, typically involving the erasure of a record so that it is legally considered to have never existed. Sealing is the term more commonly used in North Dakota.

According to North Dakota Century Code § 12-60.1-02, a criminal trespass offense is eligible for sealing depending on how the case was resolved. If the case ended in no conviction and the defendant was acquitted, the case was resolved through a diversion program or otherwise dismissed, and the record can be sealed immediately. If the case ended in a conviction for a misdemeanor criminal trespass, the record may be sealed after a waiting period of 3 years after completion of all parts of their sentence. If convicted of a felony criminal trespass, they may apply for sealing 5 years after completing all the terms of their sentence. Other criteria include:

• There must be no new criminal charges or convictions within the waiting periods.
• The crime must not have been part of a repeat offense
• All restitution, prison time, probation, and fines must have been completed or paid