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| UER Forum > UE Main > Got a trespassing ticket, what happens if I get another one? (Viewed 1797 times) |
Dan Lee
Location: N. Illlinois Gender: Male Total Likes: 66 likes
| | | Re: Got a trespassing ticket, what happens if I get another one? < Reply # 1 on 4/23/2018 8:50 PM > | Reply with Quote
| | | Is it a non-criminal ticket or misdemeanor? As far as I know it can be un-sealed if they want to bring it up again. Let's say you committed the same offense, they could bring it up in court to show that this is the second time you've done it. I don't know if that would un-seal it to the public extent where employers could see it though. You should see if you can file to expunge the charge, where it is not just sealed, but completely removed from your record. A lot of the time it's free to do, or a lawyer will do it usually for a nominal amount. Misdemeanors usually do show up on a background check, but it seems that employers are more worried about violent misdemeanors and felonies more than anything, but that is my experience only, I can't vouch for everyone. I'd try posting this in Great Plains section of the forum, maybe someone would have the some advice pertaining to your specific state. If your really curious, I'd reach out to a lawyer and ask, some have free consultation. Oh, and I better throw this in. I am NOT a lawyer, don't mistake my post for legal advice.
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| terapr0
Location: Sauga City Gender: Male Total Likes: 341 likes
www . tohellandback . net
| | | | Re: Got a trespassing ticket, what happens if I get another one? < Reply # 4 on 4/24/2018 3:26 PM > | Reply with Quote
| | | Posted by Rusty Canadian Here in Canada, Ontario. It's not a criminal offence to trespass, it only is between the hours of 09:00pm and 05:00am. When you got caught the first time was it at night or in the day time?
| Almost, although the section of the Criminal Code you're referring to only applies to trespass near an occupied dwelling house on a residential property, not industrial or commercial locations, or even unoccupied, clearly abandoned homes. Trespassing at night - R.S., c. C-34, s. 173. 177. Every one who, without lawful excuse, the proof of which lies on him, loiters or prowls at night on the property of another person near a dwelling-house situated on that property is guilty of an offence punishable on summary conviction.
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| blackhawk This member has been banned. See the banlist for more information.
Location: Mission Control Total Likes: 3996 likes
UER newbie
| | | | Re: Got a trespassing ticket, what happens if I get another one? < Reply # 5 on 4/24/2018 4:52 PM > | Reply with Quote
| | | Posted by terapr0
Almost, although the section of the Criminal Code you're referring to only applies to trespass near an occupied dwelling house on a residential property, not industrial or commercial locations, or even unoccupied, clearly abandoned homes. Trespassing at night - R.S., c. C-34, s. 173. 177. Every one who, without lawful excuse, the proof of which lies on him, loiters or prowls at night on the property of another person near a dwelling-house situated on that property is guilty of an offence punishable on summary conviction.
| The US generally isn't as forgiving as Canada for trespassing on a state/federal level I think. In many US states trespassing can charged as felonies if on agricultural lands or hospitals/schools with dorms. Many times cops/DA don't throw the 911 terror laws at you, but they can. Municipal verses State trespassing/loitering laws/penalties in US states too can vary widely. The former being a summary offense, the latter can be a felony in some states.
| Just when I thought I was out... they pulled me back in. |
| BureauOfExploration
Location: Santa Fe, NM Gender: Male Total Likes: 46 likes
| | | Re: Got a trespassing ticket, what happens if I get another one? < Reply # 6 on 4/24/2018 10:19 PM > | Reply with Quote
| | | Posted by Dan Lee Is it a non-criminal ticket or misdemeanor? As far as I know it can be un-sealed if they want to bring it up again. Let's say you committed the same offense, they could bring it up in court to show that this is the second time you've done it. I don't know if that would un-seal it to the public extent where employers could see it though. You should see if you can file to expunge the charge, where it is not just sealed, but completely removed from your record. A lot of the time it's free to do, or a lawyer will do it usually for a nominal amount. Misdemeanors usually do show up on a background check, but it seems that employers are more worried about violent misdemeanors and felonies more than anything, but that is my experience only, I can't vouch for everyone. I'd try posting this in Great Plains section of the forum, maybe someone would have the some advice pertaining to your specific state. If your really curious, I'd reach out to a lawyer and ask, some have free consultation. Oh, and I better throw this in. I am NOT a lawyer, don't mistake my post for legal advice.
| I mistakenly called it a misdemeanor in my post but it's actually a non-criminal offense (I think it was classed a 'municipal non-criminal offence'). Thank you for your comment, I will post in the Great Plains section to see if somebody has some advice for Colorado specifically!
[last edit 4/24/2018 10:20 PM by BureauOfExploration - edited 1 times]
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| Freak
Location: Usually Alaska, now MSP. Gender: Male Total Likes: 269 likes
Hypocrite
| | | | Re: Got a trespassing ticket, what happens if I get another one? < Reply # 9 on 5/1/2018 3:22 PM > | Reply with Quote
| | | It varies a bit state-by-state, but I believe a ticket several years ago wouldn't have much effect on a future ticket. If you racked up 5 or 10 they might start asking questions, but most jurisdictions treat them like speeding tickets. It also varies just how "sealed" or "off the record" a ticket or arrest really is. When you get charged with anything, it gets recorded in a lot of places. The police department's records. The court system's records. Jail records (if you're taken into custody). Conviction records (if convicted). Insurance and credit report databases. Getting your info sealed, hidden, or expunged from just one of these places may not affect the rest. For example, I got a trespassing ticket years ago in college after being caught in the steam tunnels. I did a no contest plea deal with community service and a promise that the record would be erased after 6 months. Turns out it's still in the state's court database online. Another example: My current job happens to involve background checks. I often find things that people don't expect me to. Sometimes they'll get all huffy about it, saying "that was expunged!" and so on. I tend to search *all* of the above sources when they're available. In many states there are free online jail records, court records, and conviction records that all contain such info. We also pay for credit reports that include criminal records from other states. In addition, there are private record-keeping outfits like mugshots.com and local "arrest report" rag papers that exist as a form of legal blackmail. They copy and re-publish public criminal records, then charge you a fee if you want it deleted. When I do background checks for job or apartment applicants, I tell them that we care more about honesty than about a spotless record. So if someone smoked some pot or got a DUI or whatever, we're more likely to approve them if they tell us about it on the application vs if we find it by surprise. That's just my company, YMMV
[last edit 5/1/2018 3:23 PM by Freak - edited 1 times]
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| xNat
Location: Toronto Gender: Female Total Likes: 40 likes
With Night, Freedom
| | | Re: Got a trespassing ticket, what happens if I get another one? < Reply # 10 on 5/1/2018 4:17 PM > | Reply with Quote
| | | Posted by Rusty Canadian Here in Canada, Ontario. It's not a criminal offence to trespass, it only is between the hours of 09:00pm and 05:00am. When you got caught the first time was it at night or in the day time?
| Unfortunately, this only is in reference to "prowling", aka being creepy outside of someone's home at night. You can be charged with trespassing at any time of day. The good news is in Ontario they treat trespassing tickets like parking tickets, ie. won't show up on employer checks (usually, save for government and military jobs typically), but will appear if an officer looks you up. --- For OP, I'd check with other people in your area who would know better (since it varies), or even see if there's a local law office that does free 30 min consultations, or some eager group of law school students. In general, the officer will probably just give you a bit of a look, and not much else would come from it.
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