What Is Criminal Trespass in Texas?

Criminal trespass in Texas occurs when an individual enters or remains on private property without the owner's consent, and includes refusing to leave upon request. Under Texas Penal Code § 30.05, a trespass violation requires two primary elements: the absence of an effective agreement between the property owner and the defendant, and knowledge (actual or implied) that entry is not permitted. Intent is critical: the individual must knowingly ignore or fail to heed the property owner’s notice.

Notice may be provided through posted “No Trespassing” signs, verbal or written warnings, or physical barriers, such as fences or gates. An individual who lawfully enters but refuses to leave upon request may still be liable for trespass charges. This offense applies to residential, commercial, agricultural, and governmental properties, with penalties varying based on location and circumstances.

How to Look Up Public Criminal Trespass Records in Texas?

Criminal trespass records are publicly accessible unless they are sealed by court order. Individuals may confirm the existence of such records through several official sources:

• The Texas Department of Public Safety(TxDPS) offers an official Criminal History Name Search, which allows the public to look up convictions using their name and date of birth. Each search requires a $1 “search credit”, and online payments incur a 2.25% processing fee plus a $0.25 transaction fee, resulting in a slightly higher cost per search.
• County and district court clerks also keep track of trespass cases. Many large Texas counties provide free internet databases for criminal record searches, although smaller counties may charge moderate administrative fees for in-person or mailed requests.
• Municipal court records, which frequently cover misdemeanor trespass violations, may be obtained directly from the relevant local court clerk or through the court’s online case look-up site, if accessible.

It should be noted that sealed or expunged records, including those covered by an Order of Nondisclosure, are not available to the public through any of these sources.

Types of Criminal Trespass Offenses

Under Texas Penal Code § 30.05, criminal trespass classifications depend on the circumstances surrounding entry and the property type, which determines penalties and legal severity. Individuals may research the classification system and accompanying penalties to discover how criminal trespass fits in with other types of crime in Texas.

Class C Misdemeanor: This is the least severe classification, and it applies when a person enters or remains on agricultural land within 100 feet of the boundary or on residential land within 100 feet of a protected freshwater region without proper approval.

Class B Misdemeanor: A Class B misdemeanor is committed when someone enters or stays on property without authorized permission after being informed that entry is prohibited or when they are told to leave and fail to do so.

Class A Misdemeanor: This classification applies under numerous scenarios, including when the offense is committed:

• On or in a housing or refuge center,
• On a Superfund site.
• On or in a critical infrastructure facility.
• Within or on the property of a general residential facility that doubles as a residential treatment center.
• On the property of a higher education institution, the individual has a prior conviction for a comparable offense.
• Carrying a lethal weapon during the commission of the offense.

Third-degree felony: A third-degree felony is charged when a trespass offense is committed in the course of committing another offense under the Texas Penal Code § 20.05(a) (Trafficking of persons).

Penalties for Criminal Trespass in Texas

The Texas Penal Code § 30.05 defines criminal trespass as a misdemeanor, with penalties varying based on factors such as location, weapon involvement, and notice given:

• Basic criminal trespass is a Class B misdemeanor punishable by up to 180 days in county prison and/or a $2000 fine.
• Class A misdemeanors attract penalties of up to 1 year in jail and fines of up to $4000.
• In less severe cases, the offense may be downgraded to a Class C misdemeanor, punishable by a fine of up to $500 and no jail time.

Can You Be Arrested for Criminal Trespass in Texas?

Criminal trespass is typically an arrestable offense in Texas. Law enforcement agents have the authority to carry out an arrest if they directly observe what seems like unauthorized access. If there is adequate evidence such as surveillance footage, eyewitness accounts, or physical proof of unauthorized access, an arrest may be made even without direct confrontation.

Criminal trespasses may occur in private dwellings, commercial structures, or enclosed territory marked with “No Trespassing” signs or purple paint markers. The offense is typically classified as a Class A or B misdemeanor, both of which allow for immediate arrest.

How Criminal Trespass Differs from Burglary or Breaking and Entering in Texas?

Under Texas law, criminal trespass and burglary are distinct offenses. In comparison, both involve unlawful entry; trespass under Texas Penal Code § 30.05 centers on unauthorized presence alone, without requiring intent to commit theft, assault, or any other crime.

Texas Penal Code §30.02 defines burglary as entering a building or dwelling with the intent to commit a felony theft or assault. Even if nothing is stolen, the criminal intent at the moment of entry heightens the crime.

Burglary is classified as a felony, whereas criminal trespass is typically a misdemeanor unless aggravating factors such as entry into a home apply.

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

A criminal trespass may be dismissed, reduced, or resolved through a plea deal, particularly for first-time offenders; however, the decision is strongly influenced by the details of the case.

Prosecutors often negotiate plea deals, diversion programs, or deferred adjudication in minor trespass cases, particularly for first-time offenders. Deferred adjudication allows a defendant to plead guilty or no contest and meet conditions such as community service or probation. Upon successful completion, charges may be dismissed, though the arrest remains on record under Texas law.

In minor cases, community service, diversion programs, or deferred dispositions may be provided as alternatives to trial. If completed successfully, they may result in reduced fines or discharge. Later, in certain situations, one may apply to seal or restrict public access to the records (non-disclosure), although complete expungement is uncommon and only applies under specific legal conditions.

Will a Texas Criminal Trespass Charge Stay on Your Record?

Depending on how the case is settled, a criminal trespass charge in Texas might remain on the criminal record. If the case ends in a conviction, even for a nonviolent trespass, it will most likely appear on background checks conducted by employers, landlords, or licensing agencies. If the case is dismissed, no indictment is filed, or the person is found not guilty, the record will remain public unless an expungement order is obtained. If the case is settled through deferred adjudication (a probation-like alternative without immediate conviction), the charge remains on the record. It does not qualify for expunction in many circumstances, but it may be qualified for a nondisclosure (also known as sealing) if specific conditions are met.

Expunctions in Texas are limited to cases where there is no conviction and the charges were dismissed, never filed, or the person was acquitted or pardoned. Nondisclosure (sealing) may apply to a broader variety of cases, such as some misdemeanors or the successful completion of deferred adjudication; however, severe offenses and felonies are frequently not sealable.

Expungement or Record Sealing Options in Texas

Texas law offers two options for managing one's criminal record: expunction and nondisclosure (sealing). Expunction completely erases a record under Texas Code of Criminal Procedure, Art. 55.01, when eligibility conditions are met, such as when a case ended without a judgment of guilt (dismissal, acquittal, or pardon) or in limited instances involving specific deferred programs. Nondisclosure, on the other hand, does not remove the record but somewhat limits public access, while criminal justice, licensing, and certain government agencies may still view it.

Nondisclosure eligibility in Texas depends on successful deferred adjudication community supervision, and statutory waiting periods. Expunction is not available for convicted individuals or those on probation, but may be granted if wrongfully arrested or charges were dismissed. Trespass cases may qualify for expunction or nondisclosure, but not expunction.