What Is Criminal Trespass in Oregon?

Two statutes govern criminal trespass in Oregon: ORS 164.245 and ORS 164.255. Criminal trespass in the second degree, as defined under ORS 164.245, happens when an individual unlawfully enters and remains on another person's property or premises. “Premises” could mean any building or real property, including open fields and fenced yards. It is classified as a Class C misdemeanor.

On the other hand, as defined under ORS 164.255, criminal trespass in the first degree is a more serious offense. It arises when a person enters or remains unlawfully in a dwelling or other specific properties, such as agricultural lands or industrial facilities. The property owner may communicate against trespassing through posts, fencing, or direct communication. Refusing to adhere to such a warning amounts to trespassing. In situations where the trespasser enters with the intent to commit a crime or with firearms, charges against them may be enhanced.

How to Look Up Public Criminal Trespass Records in Oregon

Oregon’s public record law, codified in Chapter 192 of the Oregon Revised Statutes, grants residents access to obtain and view criminal trespass records. There are multiple channels to look up these records. These include:

• Using online resources provided by the state, local authorities, or third parties.
• In-person request at the courthouse.
• Via mail-in requests to the court where the case was handled.

Online

Interested parties may find resources to look up criminal court records, including trespass records, through databases provided by the Oregon Judicial Branch. The free online records search portal provides basic case information. Additionally, the Oregon Judicial Case Information Network provides access to records from the Circuit Courts. Record seekers are required to register and get a subscription. However, information that is confidential or sealed, such as juvenile records, is not available.

In Person

To look up criminal trespass records in person, record seekers may visit the courthouse where the case was handled. Requests may be made to the office of the court clerk. Sometimes, requesters may be able to use public access terminals available at the courthouse. They may be required to provide a government-issued ID and pay the search and copy fees as needed.

By Mail

Interested parties may make mail-in requests to the court that handled the case. They are required to provide relevant information such as the case number, name of the case parties, type of record, and date of filing. They may also be required to provide a photocopy of the requester's ID and a self-addressed envelope.

Types of Criminal Trespass Offenses

Simple trespass in Oregon is a misdemeanor offense. However, aggravating and mitigating factors are considered, which may influence the type of crime the individual is charged with.

Second-degree trespass, as defined in ORS 164.245, occurs when an individual unlawfully enters and remains on another person's property. This includes property posted with signs prohibiting entry or fenced.

First-degree trespass, as defined under ORS 164.255, occurs when an individual enters and remains unlawfully in another person's dwelling, agricultural land, or facility.

Armed Criminal Trespassing occurs when an individual enters and remains unlawfully in a property belonging to another with a firearm or other lethal weapon. This is more serious than simple trespass because of the potential threat of an intruder with a firearm.

Hunting, fishing, and shooting: When an individual enters private property without authorization while hunting, fishing, or shooting, this may lead to trespass charges. The presence of a firearm may escalate the charges.

Penalties for Criminal Trespass in Oregon

Criminal trespass in the second degree carries a maximum jail sentence of 30 days and fines of up to $1,250. But the actual jail time depends on the specifics of the case, such as any aggravating or mitigating factors, the individual's criminal history, and intent upon entry. The judge may apply discretion to grant alternatives to incarceration, such as probation or community service, particularly for first-time offenders.

First-degree trespass is typically classified as a Class A misdemeanor. It attracts a sentence of up to 1 year in jail, and/ or a fine of $6,250. Similarly, criminal trespass with a firearm or lethal weapon is typically charged as a Class A misdemeanor, attracting a year in jail, and/ or up to $6,250 fine.

Certain aggravating factors may elevate a trespass to a felony. For instance, when a trespasser enters or remains unlawfully in a building with the intention of committing theft, assault, or any other felony offense, they may be charged with a felony. This is punishable by up to 5 years in prison and up to $125,000 fine.

If a trespasser carries a firearm, it may result in up to 30 years in prison, depending on the individual's criminal history. Moreover, a history of criminal convictions may identify the individual as a habitual offender. This may result in an enhanced sentence.

Can You Be Arrested for Criminal Trespass in Oregon?

Yes, an individual may be arrested for criminal trespass in Oregon. If the property owner calls the police and the officer determines that there is probable cause for criminal trespass, the individual will most likely be arrested. Subsequently, the officer may submit the report to the District Attorney's office. If the prosecutor agrees that there is enough evidence, especially if the trespass incident was caught on surveillance camera, the individual may be formally charged in court. However, if the prosecutor finds the evidence weak, they may decide not to file charges.

For an individual to be arrested and charged for criminal trespass, some elements must be established. These include:

• Notice in the form of posts, fencing, or direct communication from the property owner.
• Refusal to leave when asked, and
• Intent

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

Criminal trespass is defined as entering or remaining on the premises of another at a time when such premises are not open to the public and entrance is not authorized. Criminal trespass is required for an offender to be guilty of burglary - that is, they must have gained entrance unlawfully before they may commit burglary.

Burglary involves unauthorized entry into a building with the intention of committing a crime, either theft or assault. Burglary may take place in various types of structures, including homes, businesses, or other facilities.

For burglary to occur, the offender must:

• Enter a building or structure without permission. Typically, this involves the use of force, although it's just as serious to walk through an open door without consent.
• Have the intent to commit a crime once inside the building

Burglary is a more serious offense than trespass because of the criminal intent at the point of entry. Under ORS 164.225, first-degree burglary in the state of Oregon is a class A felony, attracting a penalty of up to 20 years in prison. Second-degree burglary is a Class C felony punishable by up to 5 years in prison.

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

Under Oregon’s sentencing guidelines, judges consider the seriousness of the crime and its impact on the victims, as well as the defendant’s previous record, age, and any aggravating or mitigating factors. To balance accountability for actions with a preference for rehabilitation, judges are allowed the flexibility, based on discretion, to apply alternative sentencing measures such as diversion programs, deferred adjudication, and community service.

A criminal trespass offender may avoid a formal conviction by completing diversion programs. To be eligible for such consideration, the individual must not have any prior criminal convictions, and the original offense must not be violent in nature. Upon completion of such programs, they may apply for expungement after the waiting period has elapsed.

Moreover, the offender may be able to negotiate a plea deal with the prosecutor. For instance, they may plead to a lesser violation and avoid a conviction record, or get a more lenient sentence. Being a first-time offender may be a mitigating factor for consideration. However, the offender must be aware that any such deal is binding. Therefore, the plea deal must be voluntary and not coerced.

Will an Oregon Criminal Trespass Charge Stay on Your Record?

In Oregon, a criminal trespass charge may remain permanently on record except the offender successfully petitions the court for expungement. Otherwise, there is no provision for the automatic removal of criminal charges from records. The charges and convictions show up when a background check is conducted on the offender. The only legal way to remove the records is through expungement. Expungement helps to mitigate the collateral consequences of a criminal trespass conviction on a person's record. This promotes rehabilitation and offers a fresh start to the offender.

Offenders who were granted alternative sentences such as diversion programs, deferred adjudication, or community service would have such information reflected in their records. This would be revealed during background checks. At the expiration of the required waiting period, they may petition the court where the case was heard for expungement. In the same vein, individuals whose cases were dismissed or who were acquitted in court may promptly petition the court to expunge the charges from their records.

Expungement or Record Sealing Options in Oregon

Individuals with criminal records often encounter challenges with education, insurance, job opportunities, professional licenses, travel, accommodation, and other opportunities. Under the state's expungement law, ORS 137.225, individuals with criminal records may petition the court to have their records sealed or set aside.

In Oregon, expungement, or setting aside, is the process by which criminal records are removed from public access. There is no difference between sealing and expungement in Oregon.

To get his/her conviction records expunged, typically, the petitioner petitions the court where the case was handled and serves a copy of the petition upon the prosecutor.

Some eligibility conditions for expungement in Oregon include:

• There was no charge filed against the individual, the individual was acquitted, or the case was dismissed in court
• The individual has been free of criminal convictions for the past 10 years
• The individual has no pending criminal charges
• The waiting period of 3 years has elapsed for convictions
• For individuals who were acquitted or had their cases dismissed, there is no waiting period