|
|
Hey all! I have a question about trespassing tickets in the US and would really appreciate any knowledge or advice you guys would be willing to share.
I live in Colorado and received a trespassing ticket back in 2015. I sealed the case so it doesn't show up on my record and I don't have to tell employers, but I assume the police still keep the information.
Do you know what happens if you get a second trespassing ticket? Can this 'un-seal' the first case, so that it shows up on your record and there's no way to get rid of it? Is a trespassing ticket, or multiple trespassing tickets on your record likely going to get in the way of getting employed? (and does a misdemeanor trespassing ticket show up on your record at all anyway?) I'd hate to let anything get in the way of exploring, but I want to know if I'm taking any big risks with employment through trespassing more.
Thanks!
| |
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.
| |
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?
"When we see a sign that says "Danger: Do Not Enter", we understand that this is simply a shorthand way of saying "Leaving Protected Zone: Demonstrate Personal Accountability Beyond This Point"."
- Ninjalicious | |
there are people here who have been caught like 10 times.
it's a misdemeanor - provided they don't try to stick you with criminal B&E. The cop (and the Judge if you have to appear in trial) will know you're a serial trespasser and may do something shitty like try to teach you a lesson, but it's not a Felony so nothing to report on a job application.
| |
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.
www.tohellandback.net | |
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.
| |
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]
| |
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?
|
It was during the night time- sadly I think here they can charge you with trespassing at any time, though I got a non-criminal ticket so I lucked out there!
| |
Posted by fiftyone_eggs
there are people here who have been caught like 10 times.
it's a misdemeanor - provided they don't try to stick you with criminal B&E. The cop (and the Judge if you have to appear in trial) will know you're a serial trespasser and may do something shitty like try to teach you a lesson, but it's not a Felony so nothing to report on a job application.
|
Thank you for your advice! I'm glad that the punishment for a trespassing misdemeanor isn't too crazy and doesn't come with a lot of the problems of a felony on your record.
| |
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]
Turn off the internet and go play outside.
http://spamusement...hp/comics/view/137 | |
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.
"That sounds like a horrible idea! Let's do it!" |
Add a poll to this thread
This thread is one of your Favourites. Click to make normal.Click to make this thread a Favourite.
| This thread is in a public category, and can't be made private. |
Powered by AvBoard AvBoard version 1.5 alpha
Page Generated In: 158 ms
|
|
Ethics
