What Is Criminal Trespass in Illinois?

Criminal trespass in Illinois typically occurs when a person enters and/or remains on another person's property without their consent. "Property" in this context may refer to a vehicle, real property, residential residence, state-supported land, or a nuclear facility.

Illinois Statutes (Sec. 21-3) classify criminal trespass as one in which the offender:

• Enters another’s land despite receiving prior notice that entry is forbidden.
• Remains on another’s property despite receiving notice to depart.
• Provides a false identity to a property owner to gain entry into the property.
• Enters a field used for agricultural purposes, such as planting and raising livestock.

However, the criminal trespass crime does not apply to trespassers who beautify abandoned residential and industrial properties. In Illinois, a criminal trespass offense may carry different penalties depending on the circumstances surrounding the incident. For instance, trespassing on agricultural land is a Class A misdemeanor, while trespassing on a nuclear facility is a Class 4 felony.

How to Look Up Public Criminal Trespass Records in Illinois

In Illinois, there are several ways to search for criminal trespass records. Interested persons or entities may access these by using the resources provided by the designated record custodians.

Illinois Circuit Courts are the official record custodians of criminal trespass cases filed within their respective jurisdictions. The clerk of these courts may allow online or offline access to records in their custody. Case in point: the Cook County Clerk of the Circuit Court maintains an online searchable database of criminal cases filed in the courthouse. Inquirers using the portal must provide relevant information about the case.

Note that most circuit clerks’ offices do not charge fees for online searches. However, they may charge for producing physical copies of court documents. To access physical court documents, inquirers must either make an in-person request or submit one via mail to the clerk’s office. The court clerks may provide fillable forms via which inquirers may send mail-in requests.

Note: Illinois circuit courts may refuse access to specific criminal trespass cases. The court may do so if the record subject was a juvenile at the time of the event.

Types of Criminal Trespass Offenses

In Illinois, types of crimes classified as criminal trespasses may include:

• Criminal trespass to real property (720 ILCS 5/21-3)
• Criminal trespass to residence (720 ILCS 5/19-4)
• Criminal trespass to a nuclear facility (720 ILCS 5/21-8)
• Criminal trespass to a vehicle (720 ILCS 5/21-2)
• Criminal trespass to state-supported land (720 ILCS 5/21-5)
• Criminal trespass to a safe school zone (720 ILCS 5/21-5.5)

Illinois statutes classify criminal trespass offenses into different felony classes, depending on the crime severity, prior convictions, and other circumstances surrounding the event. For example, a criminal trespass is a Class A misdemeanor if the offender:

• Trespassed on agricultural land.
• Gained unauthorized access to state-funded or owned land.
• Trespassed on a residential property.
• Entered a vehicle without the owner’s consent.

However, offenders are charged with a Class 4 felony if they trespass on a nuclear facility. Besides the aforementioned instances, all other criminal trespass crimes are classified as Class B misdemeanors.

Penalties for Criminal Trespass in Illinois

Persons convicted of criminal trespassing may face jail terms or penalties. Per the state law, an offender may receive a sentence between 180 days and 12 years for criminal trespassing. The state might also include fines up to $5,000.

The penalties are not the same for all criminal trespass crimes. Offenders may receive different penalties based on the circumstances surrounding the criminal act. For example, you typically get a higher sentence for trespassing on government-owned or security-sensitive facilities. Trespassing on a nuclear facility may attract up to a 12-year jail term, while trespassing on real property attracts a maximum of 180 days in jail.

Can You Be Arrested for Criminal Trespass in Illinois?

Yes, criminal trespass is an arrestable offense in Illinois. Officers may arrest trespassers if they illegally enter and/or remain on a person’s property. Arrests might occur later when officers review evidence of the crime, such as surveillance tapes or witness statements.

Offenders are not likely to get arrested for criminal trespassing if they were unaware that the property is off-limits to unauthorized access. In some instances, the state may not arrest trespassers who beautify an abandoned property or facility.

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

Criminal trespasses are not the same as burglary or breaking and entering. The crimes differ in terms of intention, severity, and corresponding penalties. Criminal trespassing occurs when a person illegally enters and remains on a property. In such crimes, there is no intention to commit a crime. However, this is not the case for burglary offenses. Illinois statutes define burglary as the unauthorized access into a property with the intention to commit a burglary.

Criminal trespassing is generally less severe than burglary and, as such, may attract a lighter sentence. In contrast, burglaries are severe crimes and may carry harsh penalties due to the potential risk to lives or property. As an example, residential burglary is a Class 1 felony, which might attract up to 40 years imprisonment.

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

Illinois courts may dismiss or reduce charges for criminal trespassing. To reduce or dismiss charges, the courts might consider these factors:

• Severity and nature of the offense.
• Presence of a prior conviction.
• The impact of the reduced sentence or dismissal on the community.
• The probability of the offender repeating the offense.

The court may consider recommending a diversion program as an alternative to sentencing. Offenders are required to complete the recommended program for the court to dismiss the case. Note the court typically convicts offenders who fail to adhere to the conditions of the program.

Convicted offenders may petition the court to have their records sealed or expunged after completing the court sentence or recommended programs.

Will an Illinois Criminal Trespass Charge Stay on Your Record?

Yes, all criminal trespass charges remain indefinitely on record. In addition, these records may show up as part of your public information during background checks.

Offenders may, however, seal or expunge their records from public view. These processes redact your information from publicly accessible documents. However, they still remain visible to criminal justice agencies and specific authorized persons or entities. Offenders are also legally entitled to claim the absence of a criminal conviction after their records have been expunged.

Expungement or Record Sealing Options in Illinois

Offenders may petition the circuit court to seal criminal trespassing records in Illinois. The court may grant the request after considering whether:

• The offender has no pending criminal charges.
• The crimes are eligible for expungement or sealing.
• The waiting period for expunging the crime has passed.

The state imposes different waiting periods after which you may be eligible to expunge your criminal record. For instance, there is no waiting period for expunging records of dismissed or non-conviction cases. However, you may wait five years after completing a court probation to expunge criminal records.

Note: Expungement is not the same as record sealing in Illinois. The former is the total erasure of a record, while sealed records still remain visible to government entities.