What is Criminal Trespass in Vermont?

Criminal trespass cases in Vermont refer to when a person enters or remains on another’s land or in a place where notice against trespass is given without the consent of the person in lawful possession or any legal authority. According to 13 V.S.A. § 3705(a)(1), such a person is liable for imprisonment for a maximum of 3 months or a fine up to $500, or both.

Trespass occurs when a notice against trespass is given by signs or placards placed on the land, or communication by the lawful possessor, their agent, or law enforcement agents. However, trespass may also occur in other contexts, such as entering a motor vehicle and entering nonresidential or locked buildings, which are punishable by up to 3 months imprisonment or $500 fine. Dwelling house entry is also a form of trespass in Vermont, which involves trespassing into a dwelling such as a home, even if no one is present. It is punishable by up to 3 years imprisonment or $2,000 fine, or both.

Some elements of the offense of trespass include the following:

• Entering or remaining on the land or property physically
• There was no consent to enter or stay, and no legal authority may be proven
• There was a notice against trespass, which was adequately communicated by the lawful possessor or their agent, or placed in a visible part of the property.

How to Look Up Public Criminal Trespass Records in Vermont

Vermont allows the public access to criminal trespass records because they are publicly accessible. They are public records available through judicial institutions and law enforcement. The courts provide criminal trespass case information against someone, while law enforcement maintains a database of convictions.

Requesters may submit in-person or mail-in requests to the state police, clerk of court, or county court with details of the trespasser and other relevant information. Basic searches are done for free, while extensive searches may be charged, aside from the charges for any copies requested. Requesters may search online records for criminal trespass convictions through the Vermont Crime Information Center Record Checks platform. The platform allows searches using name and date of birth, and charges $30 per conviction report. Online access to criminal trespass records in Vermont is also available through the Vermont Judiciary’s Public Portal. This portal is a search platform for statewide court cases with free search access.

Types of Criminal Trespass Offenses

Criminal trespass may occur in various ways in Vermont, as described in 13 V.S.A. § 3705. These types of crimes are related to buildings and properties, but have been expanded to include situations like trespass into vehicles. Individuals who venture and stay on any property belonging to another identifiable person who communicated a notice against entry verbally, in writing, or via a sign are guilty of criminal trespass.

Some examples of criminal trespass offenses in Vermont include:

• Trespass on land or place after notice is given. This is basic trespass, which involves entering and remaining on land or property without proper consent or authority after a notice against entry is given. It is a lower-level trespass, which is often classified as a misdemeanor.
• Trespass into a motor vehicle, which refers to when someone enters another’s vehicle with full knowledge of their lack of consent or authority. This does not require a notice against trespass and is described as a misdemeanor offense.
• Trespass into the building refers to entering a non-residential construction, which is usually locked. It also refers to when someone enters a residence in violation of a court order. This offense is described as a misdemeanor.
• Trespass into a dwelling house is when someone intrudes into a dwelling or home, whether or not it is occupied, without legal authority or consent. This is the most severe form of criminal trespass in Vermont, with the highest punishment of up to 3 years imprisonment or a fine of up to $2,500. This offense is classified as a felony.

Penalties for Criminal Trespass in Vermont

Criminal trespass in Vermont is generally a misdemeanor offense, except that there are aggravating factors involved. Some common examples of Vermont’s criminal trespass offenses and their corresponding penalties include:

• Trespass on land or place is punishable by up to 3 months imprisonment or a fine of up to $500 or both.
• Motor vehicle trespass is punishable by up to 3 months imprisonment, up to $500 fine, or both. Subsequent offenses may be upgraded to imprisonment for up to a year and/or a fine.
• Entering a non-residential building, which usually has locked access, or in violation of a court order, is punishable by up to 1 year imprisonment and/or $500 fine.
• Trespass into a dwelling house is a more serious form of trespass in Vermont, with up to 3 years imprisonment and/or up to $2,000 fine.

These penalties are influenced by the intent of the offender and their knowledge of the owner or custodian’s no trespass directive. Repeat offenders are also subject to harsher or the higher end of these penalties.

Can You Be Arrested for Criminal Trespass in Vermont?

Yes, anyone caught trespassing on another person’s property may be arrested in Vermont. A conviction does not always result in an arrest, but law enforcement agents are authorized to detain individuals who are suspected of trespassing. According to the Vermont trespass statute, entering or remaining on another’s property without a legal reason or the consent of the owner or custodian is illegal and prohibited. Thus, law enforcement agents may arrest a trespasser in these situations:

• The trespasser was observed by the law enforcement officer in the act
• There is reliable evidence or a witness statement to prove that the suspect trespassed on the property
• Vermont allows property owners to issue a Notice Against Trespass after which any trespasser may be arrested and prosecuted.
• Violation of a court order, which leads to trespass, may cause the offender to be arrested.

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

Criminal trespass is different from burglary in various aspects, ranging from motive to severity of the act. Some differences between these offenses include:

• Trespass on a property is a crime focused on entering and remaining on someone else’s property without legal reason or proper consent, while burglary includes an intent to commit a further crime. Unlike burglary, trespassing is limited to the unlawful presence of an unwanted person on another’s property only.
• The type of property involved in the crime may also determine the charge between these two offenses. Burglary offenses are deemed to have only occured if structures or buildings are involved, while trespass may involve land, motor vehicles, unlocked buildings, and dwelling houses.
• Criminal trespass in Vermont requires the element of a notice or warning against entry, while burglary does not have this requirement. However, in both cases, the offender must know that they do not have legal or consented access to the property or building.
• Burglary is a more serious crime in Vermont due to the intent to commit further crime after entering a building or property, while trespassing does not have this intent.
• The penalties for burglary are higher than the penalties for trespassing in Vermont.
• For burglary cases, the prosecutor has the burden of proof to show the intent to commit further crime upon entry, while the prosecutor only needs to prove the defendant entered and remained on the property for trespass.

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

Yes, criminal trespass charges may be dismissed or reduced in Vermont under certain circumstances. These charges may also be resolved when the offender completes diversion programs, which is especially true for first-time offenders or those involved in non-violent crimes. Trespass cases are typically minor disputes involving property lines or between landlords or businesses.

Prosecutors may dismiss or reduce the charge if there is a lack of sufficient evidence, such as a proper or clear notice by the owner. It may also be done if the defendant can prove a mistaken belief that they had consent to enter the property. There are diversion or deferred programs supervised by the Department of State’s Attorney and Sheriffs. These programs are suited for low-risk or first-time offenders. It involves replacing a prison sentence with community service, a counseling or educational program, or payment of restitution. For offenders who cannot enrol in a deferred or diversion program, they may opt for a plea agreement to get a lesser sentence. However, criminal trespass charges may be expunged according to Vermont law through the court system.

Will a Vermont Criminal Trespass Charge Stay on Your Record?

Yes, there is no provision that allows criminal trespass charges to be removed from your public record automatically. Whether or not there was a conviction, the charges typically remain visible on your public records permanently until steps are taken to remove or seal them. These records typically appear in regular background checks, which may be done for employment applications, professional licensing applications, or housing applications.

Dismissed charges or not guilty verdicts do not guarantee that the charge will typically be removed from your records automatically, except the judge specifically makes such a directive. Thus, eliminating criminal trespass charges from your public records can only be achieved through expungement or record sealing. While there is no automatic provision for removal of dismissed charges, or charges acquitted or resolved through a diversion program, the defendant may apply for immediate expungement because there is no need for a waiting period.

Expungement or Record Sealing Options in Vermont

Sealing or expungement of records involves restricting access to your records or some information. Sealing of records removes the records from public archives but does not destroy them, while an expungement completely erases the record and makes it as though it never occurred, and this is the major difference between the two. The process of expungement or sealing is provided for in Vermont Statutes Annotated §§ 7601–7619. The process for expungement requires that the charges were dismissed or there was an acquittal. Individuals whose cases were resolved through a deferred or diversion program are also eligible for expungement in Vermont.

For situations where there is a conviction, the waiting period of 2 years must have passed after completing the sentence, there must be no criminal convictions during the waiting period, and the offense must not be a violent one. After a successful expungement application, the record of arrest, prosecution, and conviction for the case is typically deleted from all archives.