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What Is Criminal Trespass in Michigan?
Generally, criminal trespass occurs when a person enters or remains on someone else's property without consent or legal authority. According to § 750.552 of the Michigan Compiled Law, a person who stays on property they do not own without the owner's permission or legal authority, ignores posted notices like “No Trespassing” or “Private Property”, returns to a property after being told to leave by the owner, or refuse to leave when lawfully told to do so commits criminal trespass.
Michigan classifies trespassing as a misdemeanor. Nonetheless, a conviction for trespassing in Michigan can result in up to 30 days in prison, fines can range up to $250.00, or both prison terms and fines. Additionally, a conviction for trespassing will result in a criminal record.
How to Look Up Public Criminal Trespass Records in Michigan
Individuals seeking access to criminal trespass conviction records in Michigan have several options available to them. Criminal trespass records are court-generated documents. Individuals seeking access to criminal trespass records can use the Michigan Courts Online Case Search Portal (MiCOURT) to view these documents as part of criminal case files. The MiCourt records search portal is a free online search tool for District and Circuit Court case records, including trespass conviction records.
For records that are not accessible through the MiCourt portal, check the relevant local District and Circuit Courts clerk offices. These offices allow mail-in and in-person requests for court records, including case files relating to criminal trespass convictions. While viewing may be free, accessing criminal trespassing conviction records through court clerk offices may involve search and copy fees.
The Michigan State Police provides fee-based statewide criminal history checks for crimes within Michigan. For $10.00 per name search, interested individuals can log in to the Michigan State Police’s Internet Criminal History Access Tool (ICHAT) and access trespassing conviction records through criminal history checks. Alternatively, submit a background check request through local police or sheriff's departments.
While adult criminal records (including those relating to criminal trespassing) are generally public in Michigan, requesters should note that juvenile, sealed, and expunged criminal records are not publicly disclosable. Additionally, the public cannot access records of pending investigations.
Types of Criminal Trespass Offenses
Michigan’s criminal trespass law encompasses several variants of unlawful entry or occupancy of properties. While Michigan classifies criminal trespassing as misdemeanor offenses, certain factors can elevate these types of crimes to felonies. For instance, having premeditated intent to commit a crime can elevate a criminal trespass to a felony. In Michigan, the type of criminal trespassing depends on the location of the offense and the offender's intent. The categories of criminal trespassing in Michigan include:
- General trespass on private property
- Trespassing in a dwelling or occupied structure
- Trespass on school or government property
- Trespass with criminal intent (felony trespass)
- Trespass on agricultural or industrial property.
| Type of Criminal Trespassing | Description |
|---|---|
| Trespass on private property | This refers to entering or remaining on private property without permission, ignoring clearly posted “No Trespassing” signs, or refusing to leave after being told to do so |
| Trespass in a dwelling or occupied structure | Entering or staying inside someone’s home, apartment, or occupied building without consent |
| Trespass on school or government property | Trespassing on school grounds, public buildings, or government facilities without a lawful purpose or after being banned |
| Trespass with criminal intent | Entering a property with the intent to commit crimes. Aggravating factors such as theft, assault, and vandalism elevate trespassing from a misdemeanor to a felony |
| Trespass on agricultural or industrial property | Trespassing on farms, construction zones, or industrial sites, especially when it poses safety or environmental risks. |
Penalties for Criminal Trespass in Michigan
In Michigan, the penalty for trespassing depends on the location, the offender's criminal history, and the presence of aggravating factors. Michigan classifies trespassing as a misdemeanor, but it can elevate it to a felony if there are aggravating factors, such as:
- Intent to commit another crime
- Trespassing in a dwelling or occupied structure
- Being armed during the trespass
- Causing property damage or injury
- Trespassing on restricted or sensitive property
- Repeat or habitual offenses.
The penalty for basic criminal trespassing in Michigan is a maximum of 30 days in prison in addition to fines of up to $250.00. However, the prison term for felony trespass in Michigan can range up to 5 years, plus fines of up to $2,500.00. The table outlines Michigan’s sentences for criminal trespassing.
| Type of Trespass | Classification | Prison Sentence | Maximum Fines |
|---|---|---|---|
| Basic trespass | Misdemeanor | Up to 30 days | $250.00 |
| Repeat/aggravated trespass | Misdemeanor | Up to 1 year | $1,000.00 |
| Trespass in a dwelling | Misdemeanor | Up to 1 year | $1,000.00 |
| Trespass with criminal intent | Felony | Up to 5 years | $2,500.00 |
| Trespass on restricted property | Misdemeanor or felony | Up to 4 years | $2,000.00. |
Can You Be Arrested for Criminal Trespass in Michigan?
Yes, trespassing in Michigan can result in arrest.
Michigan law authorizes law enforcement to arrest individuals who unlawfully enter other people's property without permission or authorization. In Michigan, even a first-time trespassing offense may result in arrest. For instance, the police can arrest an individual who enters private property without permission or refuses to leave after the owner issues a warning, or someone whose surveillance footage, photographs, or a witness statement clearly indicates an unlawful entry or occupancy of someone else's property. After an arrest, law enforcement will book the trespasser, issue a citation or charge, and may release the individual on bond or recognizance, depending on the severity of the case.
How Criminal Trespass Differs from Burglary or Breaking and Entering in Michigan
While trespassing, burglary, and breaking in involve being in unauthorized places, there are distinctions. Unlike burglary and breaking in, criminal trespassing does not involve premeditated intent. In Michigan, criminal trespass refers to entering or remaining on someone else's property without permission and with no criminal intent; it is the least serious of the three offenses. Trespassing in Michigan is a misdemeanor punishable by up to 1 year in prison and fines of up to $1,000.00 if there are no aggravating factors.
In contrast to trespassing, burglary, and breaking in are felony offenses under Michigan's laws. Unlike trespassing, these crimes involve criminal intent to commit. Michigan considers these crimes as felonies and imposes more severe penalties. In Michigan, offenders may spend up to 20 years in prison for burglary, in addition to fines that can range up to $5,000.00. For breaking in, the penalties may include up to 10 years' imprisonment, plus fines of up to $10,000 or more.
| Factor | Criminal Trespassing | Burglary | Breaking in |
|---|---|---|---|
| Definition | Entering someone else's property without permission or not leaving after being told to do so | Entering a home without permission and committing or intending to commit a felony, larceny, or assault inside | Forcibly entering a building, structure, or vehicle with the intent to commit a crime |
| Intent Required | Just unauthorized entry or presence, no intent to commit another crime | Intent to commit a felony, larceny, or assault inside a home | Intent to commit a felony or larceny inside the structure |
| Type of Property | Private land, business premises, or posted property | Residential property or dwellings | Non-dwelling buildings, stores, warehouses, or vehicles |
| Level of Crime | Misdemeanor | Felony | Felony |
| Maximum Prison Term | Up to 30 days | 5 to 20 years, depending on the degree | Up to 10 years in prison |
| Maximum Fine | $250.00 | From $2,000.00 to $5,000.0 | Set at the court’s discretion |
| Aggravating Factors | Ignoring “No Trespassing” signs, returning after being warned | Involves weapons, someone present in the home, or using violence or threats | Forced entry, damage to property, intent to steal or commit another crime. |
Can a Criminal Trespass Charge Be Dismissed or Reduced in Michigan?
Yes, Michigan sometimes dismisses or reduces criminal trespass charges for minor first-time incidents that do not involve property damage or criminal intent. Depending on the facts surrounding the offense, prosecutors and judges often use discretion when handling misdemeanor trespass incidents. The court may agree to reduce the trespassing charges, dismiss them after probation, or allow the person to complete an alternative program instead of a conviction if:
- The offender does not have a previous criminal record
- There is a lack of intent to commit a crime
- The trespasser apologizes, pays for minor damage, or performs community service.
- The trespass is due to a misunderstanding over a private property dispute.
Michigan law also allows deferred adjudication or diversion programs for low-level crimes, including trespassing. Completing these programs may result in the dismissal of the accompanying criminal records. Additionally, under Michigan’s Clean Slate automatic expungement system, the state may automatically expunge a trespass record 7 years after conviction if the offender has no new criminal conviction.
Will a Michigan Criminal Trespass Charge Stay on Your Record?
Yes, a Michigan criminal charge can stay on the offender's record. Similar to other crimes in Michigan, a criminal charge for trespassing remains on the offender’s record unless sealed or expunged. In Michigan, trespassing on another person's property is a misdemeanor offense for which prosecutors file charges, resulting in fines or imprisonment. A standard trespassing charge in Michigan can result in imprisonment of up to 30 days, while trespassing with criminal intent can result in imprisonment of up to 5 years.
Similar to other criminal records, Michigan’s trespass records are public. However, access to these documents depends on:
- The outcome of the charges - If a trespassing offense results in a conviction, the record becomes publicly accessible either through background checks or public court record requests. Trespass arrests and charges that did not result in criminal conviction are not disclosable to employers, but still temporarily exist in court or police records, and certain highly specialized background checks, unless they are expunged.
- Whether the record qualifies for automatic expungement under Michigan's "Clean Slate" laws after 7 years.
Individuals arrested for trespassing but not convicted can petition for immediate expungement of the arrest records. To expunge a conviction record, the offender must observe the applicable waiting period and maintain a clean slate within this period.
Expungement or Record Sealing Options in Michigan
Michigan allows individuals with criminal trespass charges or convictions to petition the courts that handled their cases to expunge their records. Under Section 780.621 of the Michigan Compiled Laws, individuals with conviction records for misdemeanor trespassing can petition the relevant courts to seal their records if they meet the qualifying criteria. In Michigan, expunging a criminal record removes it from public access and treats the offense as if it never occurred. However, these records remain accessible to law enforcement, the courts, and certain licensing agencies.
Generally, sealing a criminal record bars public access to the document, but it remains accessible to law enforcement, courts, and authorized agencies. In Michigan, expungement functions as the equivalent of sealing; the state does not have a separate law for sealing criminal records.