What Is Criminal Trespass in Georgia?

In Georgia, criminal trespass happens when someone intentionally enters or remains on another person’s property without permission or legal authority. It may also occur when a person, after being told to leave—either verbally or through clearly posted signs—refuses to go. Additionally, someone may be charged with criminal trespass if they knowingly damage another person’s property without consent and the damage is valued at $500 or less. The offense does not require breaking into a property; simply entering a land, a home, or even a vehicle without the owner’s consent may qualify, especially if the individual has been previously warned.

Under Georgia law, criminal trespass is classified as a misdemeanor, carrying penalties that may include fines, community service, or jail time. The specific elements of the offense are defined under the Georgia Code § 16-7-21. In Georgia, understanding this law is vital for property owners and the general public, as it helps determine the boundaries of legal access and protects individuals’ right to their property.

How to Look Up Public Criminal Trespass Records in Georgia

Individuals interested in accessing public criminal trespass records in Georgia may begin by visiting the Georgia Judicial Gateway, which provides links to various county court systems. Many counties, such as Gwinnett and Chatham counties, offer online case search tools where you may enter a name to check for criminal records, including trespass cases. Availability varies by county. Additionally, some sites may offer free access to the records while others may charge a fee.

Georgia criminal trespass records are also available at the Clerk of Court's office in the county where the incident occurred. Most clerk's offices allow in-person searches, while some provide public access terminals at the courthouse where record seekers may look up criminal trespass records.

All persons seeking public criminal records should have the full legal name or case or citation number of the record to ensure accurate results. It is essential to note that not all criminal trespass records are publicly accessible in Georgia. Sealed or expunged records will not be publicly visible in any of these systems.

Types of Criminal Trespass Offenses

Criminal trespass encompasses several distinct actions in the state of Georgia. Unlike states that formally divide criminal trespass into degrees, Georgia groups these types of crimes by behaviour and intent:

• Unauthorized Entry: It is entering into another person’s land, premises, or vehicle without permission. Under this criminal trespass offense, no damage or threat is required; mere presence without consent is sufficient.
• Intentional Damage: This refers to damage to property without consent, such as breaking windows, defacing walls, or minor vandalism, where the damage is less than $500.
• Refusal to Leave: Under refusal to leave, the trespasser remains on the property after being told to leave by the owner or lawful occupant. It usually applies in situations involving disputes or protests.

Penalties for Criminal Trespass in Georgia

Criminal trespass in Georgia is usually a misdemeanor: convictions may bring up to 12 months in jail and fines up to $1,000. Sometimes probation or restitution is mandated in some cases. However, the charge may escalate when other factors are present. Trespass with property damages over $500 may be charged as criminal damage to property, which is a felony. If the entry was made with the intent to commit theft or a felony, prosecutors typically charge burglary, which is a felony. For instance, second-degree burglary carries 1–5 years.

Aggravating circumstances, such as being armed, bringing a weapon into a school safety zone, or committing the act at night with other criminal intent, may trigger enhanced penalties, resulting in felony charges. For instance, criminal trespass in a school zone with weapons may bring 2–10 years and fines up to $10,000.

Here is a quick reference table:

Can You Be Arrested for Criminal Trespass in Georgia?

Yes. In most cases, criminal trespass is a criminal offense that can result in arrest in Georgia. Law enforcement officers have the authority to arrest someone on the spot if they are caught unlawfully entering, remaining on, or damaging another person’s property. Even if the suspect is not present when the police arrive, an arrest may still occur later if there’s sufficient evidence, such as surveillance footage, eyewitness statements, or prior warnings from the property owner.

Because criminal trespass is a misdemeanor offense under Georgia law, police do not require a warrant if the offense occurs in their presence. In practice, this means the arrest may lead to booking, a court appearance, and potential penalties.

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

In Georgia, criminal trespass and burglary are closely related but differ mainly in intent and severity.

• Criminal Trespass: Per O.C.G.A § 16-7-21, criminal trespass occurs when someone enters or remains on a property without permission. There is no requirement of intent to commit another crime; just being there unlawfully is enough.
• Burglary: Burglary, on the other hand, per O.C.G.A § 16-7-1, involves entering a building or structure with the intent to commit a crime, such as theft, assault, or vandalism, inside. The purpose is what elevates the charge to a felony.

Georgia law does not formally use the term “breaking and entering”, as used in some other states. However, the idea of unauthorized entry remains central to burglary. Forced entry is not required in burglary; the mere walking through an unlocked door with criminal intent may qualify as burglary. Trespass, by contrast, typically involves no intent to commit another offense, making it a misdemeanor rather than a felony.

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

A criminal trespass charge may be dismissed or reduced in Georgia, especially for first-time or low-risk offenders. Prosecutors in Georgia typically exercise discretion when the trespass did not involve violence, weapons, or significant property damage. In many cases, they may agree to reduce the charge, issue a warning, or offer a plea deal that avoids jail time.

For first-time offenders, some counties offer pretrial diversion or deferred adjudication programs. These usually require the defendant to complete community service, pay restitution, or attend a class on responsible behaviour. Upon successful completion, the case may be dismissed, leaving the person without a criminal conviction. However, this option is typically available only when the offense did not involve violence, weapons, or repeated trespassing.

If a conviction does occur, Georgia law still provides a potential remedy later through record restriction or expungement. After the required waiting period and meeting eligibility criteria, a person may petition to have their record sealed from public view, helping reduce long-term consequences for employment or housing.

Will a Georgia Criminal Trespass Charge Stay on Your Record?

In Georgia, a conviction for criminal trespass, even though it is a misdemeanor, will remain on a person’s record permanently unless it is dismissed, restricted, or resolved through a diversion program. Because trespass is a criminal offense under Georgia law, it will appear on a background check as either a pending charge, conviction, or arrest record.

If the charges were dismissed or resolved through a Pre-Trial Diversion program, it generally does not result in a conviction. However, the arrest record may still appear on public records until the person formally requests record restriction through the Georgia Bureau of Investigation (GBI). Once restricted, the record is hidden from public view and no longer appears on most private background checks. Those who were not convicted, had their case dismissed (nolle prosequi), or received a “not guilty” verdict are usually eligible for record restriction immediately.

Expungement or Record Sealing Options in Georgia

Georgia law does allow criminal trespass charges or convictions to be sealed or expunged under certain conditions. The process, known as record restriction in Georgia, limits public access to criminal records while keeping them available to law enforcement and certain agencies.

The difference between record sealing and expungement is that record sealing hides the criminal record from public view, such as background checks for employment or housing. In contrast, expungement (record restriction) removes the record from state databases as if it never existed.

Individuals whose criminal trespass charges were dismissed, not prosecuted, or resolved through diversion may be eligible for restriction immediately. For those convicted, Georgia law allows limited restriction after a predetermined waiting period, usually four years for misdemeanors, if there are no new offenses and the person has shown rehabilitation. Once granted, the restricted record will no longer appear on most private background checks, providing the record holder a second chance.