What Is Criminal Trespass in Alabama?

According to the Criminal Code, criminal trespass in Alabama occurs when an individual knowingly enters or remains on a property without legal right, permission, or privilege to do so.

In the statute, three elements may result in a criminal trespass charge:

1. Unlawful Entry: This refers to entering land, a building, or a fenced yard without the owner's consent, a legal reason, or a right to be there (Alabama Code § 13A-7-2 and § 13A-7-3).
2. Knowledge: The individual must knowingly enter or remain in a place to which they are not authorized. The law considers a "No Trespassing" sign, a locked gate, or the owner telling someone to leave as clear notice (Ala. Code § 13A-7-4).
3. Remaining: Regardless of whether someone entered by mistake or with permission initially, refusing to leave after being instructed to do so may still constitute trespassing (Ala. Code § 13A-7-4.1).

How to Look Up Public Criminal Trespass Records in Alabama 

Individuals seeking to check the status of a trespass case or conviction may use the following resources:

Alabama's On-Demand Access to Trial Records (AlacourtAccess): By using a party name or case number, requesters may look up statewide court dockets for records related to criminal trespass. Access to basic docket information is free; however, fees may apply for full documents or certified copies.

Criminal History Check through ALEA: Individuals may request to review their criminal history record information, which often involves fingerprinting and a fee, by contacting the Alabama Law Enforcement Agency's Criminal Records Identification Unit.

Clerk of Court / Circuit or District Court: For local cases of trespassing handled at the county level, requesters may contact the county clerk's office (where the incident occurred) to request the record. Most clerks provide public access to terminals for searches, after which requesters may submit a written request and pay for copies of the document.

Note: Sealed or expunged records are exempt from public access and typically do not appear in standard public searches.

Types of Criminal Trespass Offenses

The Alabama Code (Article 1, Chapter 7, Title 13A) outlines the different types of crimes, including criminal trespass in the state as follows:

• First-Degree Criminal Trespass (Code of Alabama § 13A-7-2): This is the most serious type of criminal trespassing. It typically happens when a person knowingly enters or remains unlawfully in a dwelling (a place used for living, sleeping, or lodging) or in specific defined agricultural or processing sites. First-degree criminal trespass is a Class A misdemeanor under Alabama law.
• Second-Degree Criminal Trespass (Code of Alabama § 13A-7-3): This involves a situation where someone knowingly enters and remains illegally in a building or on land that is fenced or enclosed in a manner to keep trespassers out. This is a Class C misdemeanor.
• Third-Degree Criminal Trespass (Code of Alabama § 13A-7-4): This involves a situation where someone knowingly enters and stays illegally on another person's property that is not enclosed (e.g., an open field). Alabama law treats trespass in the third degree as a violation (lesser offense).

Other Criminal Trespass Crimes

• Criminal Trespass by Motor Vehicle (Ala. Code § 13A-7-4.1): This involves parking or driving through private property (e.g., shopping center lots) after being told not to. This is a misdemeanor offense with fines escalating for repeat offenses.
• Trespass to a School Bus (Ala. Code § 13A-7-4.2): This refers to illegally entering or refusing to leave a school bus when forbidden, or damaging it. This is often classified as a Class A misdemeanor. 

Penalties for Criminal Trespass in Alabama 

Criminal trespass charges are typically misdemeanors or violations in Alabama, rather than felonies. However, the offense may escalate to more serious crimes, depending on the degree (type of criminal trespass) and certain aggravating factors.

• Criminal Trespass in the First Degree: This is a Class A misdemeanor. Individuals convicted of the offense may face up to one year in a county jail (or hard labor) and fines of up to $6,000.
• Criminal Trespass in the Second Degree is a Class C misdemeanor. Convicted persons may face up to three months in jail and fines of up to $500 (or sometimes more, depending on whether the trespass resulted in loss or gain).
• Third-Degree Trespass is classified as a violation, not even a full misdemeanor. Penalties can include up to 30 days in jail and fines up to $200.

Other Types of Criminal Trespass

• Criminal Trespass by Motor Vehicle: This offense is typically treated as a misdemeanor, with fines increasing for repeat offenses (e.g., $50 for a first offense, $100 for a second offense, and $150 for a third or subsequent offense).
• Trespassing on a School Bus: This form of trespass is considered a Class A misdemeanor, punishable by up to one year in jail and fines of up to $6,000.

Aggravating factors that result in prosecutors seeking maximum penalties (jail time, fines) or additional charges include:

• Returning to the property after being warned or evicted
• Trespassing at night or in a way that suggests stealth
• Causing damage or using a weapon while trespassing
• Repeat offenses

Can You Be Arrested for Criminal Trespass in Alabama?

Yes. In most cases, criminal trespass is a crime that could result in arrest in Alabama. A law enforcement officer may detain someone if that individual is found on private property without permission or if probable cause is established through surveillance footage, witness statements, or a report from the property owner.

Alabama treats criminal trespass as a crime (not just a civil matter) under several degrees (first, second, third) depending on property type and other factors. Even criminal trespass in the third degree (a violation) may result in an arrest if a law enforcement officer reasonably suspects someone has knowingly remained on a property unlawfully.

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

In Alabama, the law distinguishes between criminal trespass and burglary based on intent and the type of entry. 

Trespass often involves entering onto someone's land or building without the owner's permission. It also applies to instances where someone remains on a person's property after they were told to leave. No further action is required to face a charge of criminal trespassing beyond these two elements (entering without permission and staying after being told to leave). Trespassing is typically charged as a violation (third-degree trespassing) or misdemeanor (first- and second-degree trespassing).

In comparison, burglary involves unlawful entry with the intention of committing a crime on the premises. Intended crimes may include theft, assault, sexual assault, harassment, vandalism, or property damage, and more. These are serious crimes (felony-level offenses) that carry harsh penalties. 

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

In Alabama, a defendant may seek the dismissal of their criminal trespass charge on the grounds of insufficient evidence, violation of rights, or lack of probable cause, which could result in the dismissal of the case. However, getting the prosecutor to drop charges completely may not always be possible. If this is the case, a defendant's attorney may seek the reduction of criminal charges using the following options:

• Negotiating with the prosecution: The defense's criminal attorney may engage in talks with the prosecution to reduce the severity of the charges.
• Alternative sentencing: The defendant's lawyer may negotiate for alternative sentencing options, such as probation, community service, or rehabilitation programs, instead of jail time.

For example, a prosecutor might reduce the charges for a first-time offender accused of entering a fenced property after being told not to return. This is a charge of criminal trespass in the second degree, punishable by up to three months in jail and a fine of up to $500. However, the prosecutor might agree to reduce the charge to criminal trespass in the third degree (a violation under § 13A-7-4) if the defendant:

• Pleads guilty to the lesser charge,
• Pays a $100 fine and court costs, and
• Completes 20 hours of community service.

Under Alabama's Expungement law, cases dismissed after the successful completion of a diversion or deferred prosecution program are eligible for expungement one year after the offender becomes eligible (Ala. Code § 15-27-1(a)(6)).

Will an Alabama Criminal Trespass Charge Stay on Your Record?

In Alabama, a criminal trespass charge will remain on someone's record indefinitely unless it is dismissed or expunged. Regardless of the degree(whether third-degree violations or second-degree misdemeanors), criminal trespass charges are entered into the state's court repository and may appear on background checks performed by employers, landlords, or licensing boards.

Charges that are dismissed, not prosecuted (nolle prossed), or resolved through a diversion program are typically eligible for removal after the offender has undergone a waiting period. However, charges that result in convictions will stay on an offender's record unless they subsequently qualify for expungement. 

Alabama offers the expungement of non-violent misdemeanors (e.g., trespassing) and dismissed cases after a three-year waiting period pursuant to Ala. Code § 15-27-1 et seq. To be eligible, the applicant is expected to have undergone a three-year waiting period, provided the applicant has completed all court requirements (such as fines or probation). 

Once expunged, the record is sealed from public access. This means the general public does not see it during routine background checks. However, certain government agencies, courts, or law enforcement may still access it under limited conditions.

Expungement or Record Sealing Options in Alabama 

Alabama criminal trespass charges and convictions may be sealed or expunged. However, the options available depend on how the case was resolved or the type of offense.

In Alabama, the terms "expungement" and "sealing" are often used interchangeably, but they have distinct meanings. An expunged record is handled (in most cases) as if it never existed. In contrast, a sealed record involves limiting public access to a specific document that often remains accessible for limited purposes (e.g., law enforcement or litigation). 

Eligibility Requirements

Individuals who have had their misdemeanor or nonviolent felony charges dismissed with prejudice, not-billed by a grand jury, or found not guilty may be eligible for expungement after 90 days. The waiting period for charges dismissed without prejudice is one year for misdemeanors and five years for felonies with no additional convictions.

Since 2021, most misdemeanor convictions have become eligible for expungement under the REDEEMER Act (SB 117), provided the petitioner meets specific criteria. These include completing all sentences, involving probation/parole, fines, court charges, fees, and restitution. They must also have undergone a three-year waiting period from the date of their conviction before filing for expungement. Furthermore, prospective applicants must not have any other misdemeanor or felony convictions within the last 3 years before filing for expungement.

Felony convictions are typically not eligible for expungement unless the offender receives a pardon with restoration of rights and waits for at least 180 days before petitioning.