What Is Criminal Trespass in New Jersey?

Criminal trespass under New Jersey law occurs when a person, knowing that they are not licensed or privileged to do so, enters or remains in a private structure or any part of it unlawfully—NJ Rev Stat § 2C:18-3 (2024). This may take several forms, including entering or remaining upon private property in defiance of posted notice prohibiting entry, recklessly disregarding signs or circumstances that should inform them that entry is not allowed, or having entered lawfully, refusing to leave after being ordered to do so by a person lawfully authorized to make such an order.

Notice may come in the form of a direct order from the property owner or an authorized person, through posted “No Trespassing” signs, or by fencing or other physical barriers intended to keep intruders out.

Criminal trespass in New Jersey also encompasses situations where a person peers into a window or other opening of a dwelling or structure used for overnight accommodation in order to invade the dwellers' privacy.

How to Look Up Public Criminal Trespass Records in New Jersey

Generally, searches can lookup public records by making inquiries at the New Jersey State Police. The State Police keeps arrest files arising from trespass offenses and provides access to these records through its New Jersey State Police website. The procedure:

1. Visit the New Jersey State Police website. They offer an online system called the Criminal History Record Information (CHRI) request. This system enables researchers to conduct background checks.
2. Individuals will need to provide unique case identifiers, such as the defendant's full name, date of birth, and Social Security number.
3. Fees apply: $20 for a name-based check and $45.73 for a fingerprint-based check, which includes a vendor fee of $15.73 and state tax. Fingerprint-based checks are more accurate and reliable.
4. Get fingerprints taken at an authorized IdentoGO fingerprinting location. Processing time for results may vary from a few days to a few weeks.

For county-specific records, contact the county courthouse. County courthouses maintain their own records and often have online search tools available. However, access to certain documents, like juvenile records, probation and expunged cases, or Judge-impounded cases, may be restricted.

Types of Criminal Trespass Offenses in New Jersey

Trespass offense classification in New Jersey is informed by the nature of the property or area, and the manner in which the offense was committed. There are different classes, ranging from petty disorderly persons offenses to fourth-degree crimes. An unlicensed entry of a structure constitutes a disorderly persons offense, which is punishable by up to 1 year in jail, fines up to $1,000, according to NJ Rev Stat § 2C:1-4(2)(a).

However, trespass offenses committed in schools, dwellings, research facilities, power generation facilities, water treatment facilities, sterile areas of an airport, or any facility that stores or generates any hazardous chemical compounds qualify as a fourth-degree crime. In New Jersey, a fourth-degree crime is punishable by up to 18 months in prison and fines up to $10,000. Unlawful peering into a dwelling or structure with the intent to invade someone’s privacy is also a fourth-degree crime, with the same penalties applied.

Defiant trespassing is classified as a petty disorderly persons offense, the least severe category among the types of crimes in New Jersey’s criminal code. It occurs when someone enters or remains on property despite a restricted notice (by sign, verbal command, fencing, etc.). It carries up to 30 days in jail and fines of up to $500.

Unlike New Jersey, a disorderly persons offense is equivalent to a low-level felony in other states. For other structures, it is classified as a disorderly persons offense, which is comparable to a misdemeanor.

Penalties for Criminal Trespass in New Jersey

Criminal trespass is categorized as a petty disorderly persons offense and a fourth-degree crime in New Jersey. Trespass offenses that constitute a petty disorderly persons offense are punishable by up to 30 days in jail and fines of up to $500. A regular disorderly persons offense is punishable by up to 1 year in prison, and fines up to $1,000. However, it may escalate to a fourth-degree crime if aggravating factors are present. The primary aggravating factor for criminal trespass is the type of property entered, such as schools, dwellings, or research facilities. Fourth-degree crimes in New Jersey are punishable by up to 18 months in prison and fines of up to $10,000.

Can You Be Arrested for Criminal Trespass in New Jersey?

Yes, criminal trespass is a criminal offense that can result in arrest in New Jersey. Though some individuals, given their lack of prior criminal conduct, may receive mere warnings or citations rather than immediate arrest (especially if they left voluntarily after being ordered to do so). Consequently, trespassers may be arrested if observed entering or remaining on private property, like schools, dwellings, or utility facilities, without lawful authorization. Arrests may also occur after the fact, following the gathering of cogent evidence.

In New Jersey, juveniles accused of trespassing are generally handled seriously in Family Court. Depending on the severity of the offense, they may still face time in a detention facility.

How Criminal Trespass Differs from Burglary or Breaking and Entering in New Jersey

Although criminal trespass and burglary both involve unauthorized entry, their differences are grounded in the defendant’s intent and the nature of the property entered. Criminal trespass involves knowingly entering or remaining in a structure without lawful permission. It does not require proof that the person intended to commit another crime in the building.

For burglary, the person must have entered or remained secretly in the structure with the intent to commit another crime, such as theft, assault, or other serious offenses. It is ordinarily a crime of the third degree. Still, it becomes a second-degree crime when the offender intentionally attempts or threatens to inflict bodily harm, or displays a deadly weapon.

The term “breaking in” does not feature in the current New Jersey Statute 2025.

Can a Criminal Trespass Charge Be Dismissed or Reduced in New Jersey?

In practice, first-time offenders are often not exposed to the severe consequences prescribed by statute for a trespass offense. Judges are more likely to impose a diversion program instead of a jail term. Though rare in trespass cases, plea bargains are also an option. Prosecutors may proffer charge reductions or completion of a diversionary program based on a separate agreement entered into with the defendant.

According to N.J.S.A. 2C:43-12, the Pre-Trial Intervention (PTI) program is a program that applies to first-time offenders. It addresses trespass at the fourth-degree tier that subjects a defendant to terms of probation (1-3 years) consisting of some special conditions (community service, counseling, restitution, etc). When this is successfully passed, the charge is dismissed.

In the case of a defiant trespass, New Jersey provides a conditional discharge or dismissal (N.J.S.A. 2C:36A-1; 2C:43-13.1).

Will a New Jersey Criminal Trespass Charge Stay on Your Record?

If a charge resulted in a conviction or an undismissed arrest record, a trespass offense record may stay on file for life. Unless expunged, trespass convictions may come up in criminal background checks conducted by employers, landlords, and financial institutions. However, if a trespass charge was dismissed (due to a valid defense or successful diversion), there is no conviction on record.

For instance, completing Pre-Trial Intervention (PTI) yields a dismissal of the trespass charge. Therefore, there would be no criminal record for that offense. So only the arrest record remains in the State Police database (Computerized Criminal History). Under N.J.S.A. 2C:52-6, a dismissed case is eligible for expungement, which removes all records of the arrest (as if it never occurred). Likewise, New Jersey laws allow petitioning to expunge the record of successful diversion programs.

In contrast, a trespass conviction stays on record by default. It will appear on most employment or rental background checks. It would only be sealed from view after the offender meets the statutory requirements and obtains an expungement order.

Expungement or Record Sealing Options in New Jersey

New Jersey expungement law (N.J.S.A. 2C:52-1) allows trespass offenses to be sealed or expunged once eligibility criteria are met. Under current law, “expungement” includes sealing the record. Adult convictions may be expunged:

• After waiting periods and completion of sentences, under N.J.S.A. 2C:52-(2)-(3), one felony may be expunged after 10 years, while disorderly offenses (up to three petty or disorderly convictions) may be expunged after 5 years.
• Fines must have been paid.
• Probation/parole must have been completed
• No new crimes committed during the waiting period.

Juvenile trespassing adjudications are automatically sealed under N.J.S.A. 2C:52-4.1 after 3 years if no further delinquency occurs. The practical effect of expungement is that the record is invisible to the public. Once granted, expunged offenses do not appear on routine background checks. Only certain government agencies could ever see them.