What Is Criminal Trespass in Nebraska?

Criminal trespass in Nebraska refers to when an individual or a group of persons enters and remains on another’s property without permission, especially when such intrusion is against the property owner or custodian’s instructions against entry into the property. 

According to Nebraska Revised Statutes § 28-521, second-degree criminal trespass occurs when someone enters and remains on a property despite knowing that entry is forbidden due to signs or placards posted to deter entry, actual communication by the owner or custodian, or fences/barriers placed to exclude intruders. This offense is generally handled as a Class III misdemeanor in Nebraska, which can be upgraded to a Class II misdemeanor if the entry is in defiance of a direct or personal order by an authorized person or the property owner.

First-degree criminal trespass in Nebraska is defined in Nebraska Revised Statutes § 28-520 as entering and remaining in an occupied structure, building, or secured portion without lawful authority, despite knowing they have no right to be there. Criminal trespass also involves unauthorized entry into specific public infrastructure facilities, which is a Class I misdemeanor. An example of second-degree trespass is when someone walks across another person’s yard, where a ‘No Trespassing’ sign is visibly placed or where they have been verbally instructed not to enter. Criminal trespass generally carries misdemeanor penalties, including jail time of up to 3 months and fines. 

How to Look Up Public Criminal Trespass Records in Nebraska

Criminal records are publicly accessible in Nebraska, except those that contain sensitive information or are sealed. These records include criminal trespass records, which are maintained in court archives and law enforcement databases. The nature of the records you are looking for will determine where to find them. 

Court records typically contain detailed information from the complaint to the judgment, while law enforcement databases provide an overview of crimes and convictions within the state. Requesters can use in-person records requests or mail requests to the court, police department, or sheriff’s office to look up public criminal trespass records. These requests should provide details of who you are and why you need the records. They should also contain information on the intruder or the property in question. 

Criminal trespass records can also be searched online through the judiciary’s Case Information website. This platform offers statewide access to court records searches, which can be conducted using various criteria, including court type, party name, county, year, judge, or case type. You can do a single search for $15, which does not require a user account, or create an account and pay an annual charge of $100 for frequent searches. The state police also maintains a Criminal History Record Request and a Limited Criminal History Searches online platform.

Types of Criminal Trespass Offenses

Criminal trespass can occur in different ways, with the most notorious mode being entry into a building without permission or legal authority. According to Nebraska Revised Statute § 28-520 through § 28-523, criminal trespass can be classified as a misdemeanor, felony, or infraction, depending on the circumstances involved:

• First-degree criminal trespass: This is the most serious trespass offense in the state, which occurs when someone intentionally enters and remains in another person’s dwelling, vehicle, or occupied structure (Nebraska Revised Statutes § 28-52). This is the highest form of trespass due to the serious invasion of privacy and imminent threat to safety. 
• Second-degree criminal trespass: Nebraska Revised Statutes § 28-521 defines this as intentionally entering another’s premises, buildings, or land after being informed against such entry. The notice can be in the form of oral warnings, fencing, or posted signs on the property by a representative or the property owner.
• Trespass to land: Under Nebraska Revised Statutes § 28-523, this offense refers to when someone enters or remains on open property or land without authorization but without causing any disruption or harm. This form of trespass usually arises from unintentional entry or a misunderstanding of boundaries.
• Trespass on restricted or government property: This offense refers to when someone enters government buildings, critical public utilities, or infrastructures, especially if the aim is to disrupt operations or pose danger to the public Nebraska Revised Statutes § 28-520(2).

Penalties for Criminal Trespass in Nebraska

Criminal trespass in Nebraska is generally handled as a misdemeanor offense. The penalties depend on the severity of the offense and other aggravating factors like ignoring signs against entry or being armed. Other aggravating factors that affect the penalty for trespass in Nebraska include nighttime entry into secured or residential areas, repeat offenses, or an intent to commit another crime after entry. Here are the penalties for criminal trespass in Nebraska:

• First degree criminal trespass: This offense is a Class I misdemeanor, which is punishable by a maximum of 1 year jail term and/or up to $1,00 fine. 
• Second-degree criminal trespass: This offense is a Class III misdemeanor for a first offender and a Class II misdemeanor for subsequent offenses. For a first offender, the penalty is a maximum of 3 months' imprisonment and/or $500 fine, while a subsequent offender is punishable by up to 6 months in jail and/or up to $1,000 fine.
• Third-degree criminal trespass: This offense is classified as an infraction, with repeat offenses upgraded to a misdemeanor. The penalty is a fine of up to $100 with no jail time.

Can You Be Arrested for Criminal Trespass in Nebraska?

Yes, it is possible to be arrested and detained for criminal trespass in Nebraska. It is an arrestable offense, and law enforcement agents can arrest offenders on the spot if they are found on the said property. 

Law enforcement officers can also execute an arrest for trespass where there is probable cause, such as an eyewitness testimony, a direct complaint from the property owner, or a surveillance video. This means that there is no need for any form of confrontation or further crime for a criminal trespass arrest to be made. Minor trespass offenses can be cited and the offender released after an arrest, but more serious forms of trespassing will result in formal charges and detention. Some factors that can lead to an arrest for criminal trespass include the following:

• Being caught on the property
• Ignoring signs posted to warn against trespassing
• Trespassing in a secured or fenced area or at night
• Being armed while committing the offense
• Causing damage or interfering with the property

How Criminal Trespass Differs from Burglary or Breaking in Nebraska

Criminal trespass and burglary or breaking and entering are similar in the sense that they involve intruding into someone else’s property. However, they are distinct in the aim of intruding into the property and the manner in which the offense is committed:

• For burglary offenses, the offender must have entered with an intention to commit theft or a felony, while criminal trespass has no purpose beyond entering the property unlawfully. This is the most apparent distinction between the two offenses.
• For burglary offenses, it can only occur when it involves buildings, vehicles, or occupied structures, while criminal trespass can occur on any property, even open land.
• Burglary is a felony charge, while criminal trespass is essentially a misdemeanor offense until aggravating factors can be proved.
• For burglary offenses, prosecutors must prove that the intruder had the intention to commit further crimes after entering the property, while criminal trespass only requires proof that the offender entered the property without permission.
• Criminal trespass requires aggravating factors to become a serious charge, while burglary becomes a serious charge if the property is occupied or the offender was armed.

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

Yes, criminal trespass charges can be reduced or dismissed in Nebraska based on various reasons. First-time offenders or non-violent offenders may enjoy the privilege of avoiding jail time or a conviction by completing alternative programs. These are diversion programs given to eligible offenders, usually first-time offenders. 

The court gives specific requirements, such as restitution, educational, or counseling programs, in place of a trial and conviction. The judge can also delay a conviction through deferred adjudication. During the deferral period, the defendant is given conditions such as payment of fines or restitution, which must be completed to avoid a criminal record.

The prosecutors can decide that it is not necessary to pursue full charges or give punishment where the trespass was unintentional or it was committed by a low-risk offender. This can happen due to misunderstanding property boundaries, a genuine belief that they had permission to be on the property, or unclear notices against entry into the property.

Will a Nebraska Criminal Trespass Charge Stay on Your Record?

Criminal trespass in Nebraska will not be removed or disappear from your public records automatically. This means that criminal trespass arrests and convictions will remain on your public record permanently. It can show up during background checks for employment, licensing, volunteering, and housing. They are publicly accessible records that will remain in public archives until steps are taken to remove or seal them.

Criminal trespass charges may also remain on your records if the case was dismissed, except that the judge orders that it is removed. In the same light, criminal trespass charges resolved through deferred or diversion programs will not automatically be removed after completing the program. These records can be sealed or expunged to ensure they are not visible to the public. Sealing restricts public access to records while expungement erases the record completely. Expungement of court records is generally reserved for cases where there was no conviction. This includes cases that were dismissed or resolved through a diversion program.

Expungement or Record Sealing Options in Nebraska

In Nebraska, it is possible to clear criminal trespass arrests and convictions from your public records under certain circumstances. The state allows expungement of records, which is a complete erasure of the arrest or charge, while record sealing refers to removing the record from public archives or access.

Most criminal convictions cannot be expunged in Nebraska, but can be sealed. Expungement is usually applied for arrests or charges that do not result in a sentence. For example, persons who were acquitted, or whose case was not filed or was dismissed, will be eligible for expungement. Record sealing has broader requirements due to the existence of a conviction. The eligibility requirements include the following:

• The offender has completed the sentence with probation or parole.
• There are no pending criminal cases or recent convictions against the offender.
• The offense was not sexual or violent.
• The waiting period has passed since the offender completed the sentence.