What is Criminal Trespass in Iowa?

Under Iowa law, criminal trespass offenses typically refer to a person entering or remaining on another person’s property without authorization, particularly when it is made clear that the offender is not allowed to be there or has been warned to leave.

Under Iowa Code § 716.7, a person may be charged with criminal trespass when they do the following:

• Go to or remain on someone else’s building, land, vehicle, or other property without the owner’s permission.
• They have no justification to be on the property, nor have they been asked to leave.
• Ignore signage, fences, and other barriers that clearly mark the property as private, or disregard warnings that do the same.

The law also covers cases where a person interferes with another person's property rights, using, occupying, or damaging property in ways that interfere with the owner's control of it. To be charged or convicted of criminal trespass in Iowa, it must be proven that the offender knew or should have known they lacked the authority to be present.

How to Look Up Public Criminal Trespass Records in Iowa

To check if a person has a public criminal trespass record in Iowa, record seekers may use any of the official sources provided, including court records from the state judicial branch or background checks from the state Division of Criminal Investigation. Certain records, such as juvenile, sealed, or expunged, may not appear in public searches.

Record seekers may check for public criminal trespass records online via the Iowa Courts Online Record Search Database. Record seekers may search for court records using search criteria such as names, case numbers, and court location. Basic case information searches are free, but advanced case searches require registering for an account and paying a subscription fee.

Another option is to request a full Criminal History Record from the Iowa Division of Criminal Investigation. Requests can be made online, in person, or by mail. Criminal histories cost $15 per last name searched.

Visiting the local Clerk of Court, where the case was heard. Record requests are available for more detailed files and certified copies. Staff at the office can confirm record availability and provide copies for a copy fee. Some records do not appear online and must be requested in person.

Types of Criminal Trespass Offenses

Criminal trespass offenses in Iowa can range from minor misdemeanors to more serious charges, including high-level misdemeanors and lower-level felonies. The type of charge will depend on the specific case details, including the location of the offense, the extent of the damage inflicted, and whether any violence was involved. Under Iowa Code § 716.8, the different types of crimes may range from simple misdemeanors to low-level felonies based on the severity of the offense.

The most common type of criminal trespass is when a person deliberately enters or remains on someone else’s property without permission, even after being warned not to do so, either verbally or through signage and fencing. This is a simple misdemeanor punishable by short jail time and fines.

When the trespass involves further offenses, such as property damage, refusal to leave, and interference with the owner’s lawful use of the property, the offense escalates to a serious misdemeanor. This is punishable by longer prison sentences and heavier fines.

A criminal trespass may be considered an aggravated misdemeanor if the trespass was committed with the intention to commit another offense or a crime that poses a more serious threat to public safety or property.

The most serious form of criminal trespass involves trespass or sabotage against agricultural sites and critical infrastructure, such as dams, power plants, and oil pipelines. This is considered a Class D felony.

Penalties for Criminal Trespass in Iowa

A conviction for criminal trespass may carry serious effects even for first-time offenders. These penalties depend on the severity of the offense, which in turn depends on the details of the case, including the location of the offense, whether property damage occurred, and whether the offender ignored a warning to leave or was armed.

Penalties set down for criminal trespass offense in Iowa are:

• For a simple misdemeanor criminal trespass, the penalties are 30 days in jail and between $105 and $855 in fines.
• For a serious misdemeanor criminal trespass, the penalties are up to 1 year in jail and between $430 and $2,560 in fines.
• For an aggravated misdemeanor offense, the penalties are up to 2 years in jail and between $855 and $8,540 in fines.
• For a Class D felony criminal trespass, penalties include up to 5 years in state prison and between $1,025 and $10,245 in fines.

Can You Be Arrested for Criminal Trespass in Iowa?

Yes, most cases of criminal trespass in Iowa are arrestable offenses. Law enforcement officers who report to the scene have the authority to arrest the trespasser on the spot if they catch them on the property without permission, or later, if there is credible evidence to show that the trespass occurred.

Arrests can be made immediately if the trespasser is still present on the property when the police arrive. The offender can also be arrested at a later time if they have left the property, but there is evidence, such as eye witness statements, physical proof, or surveillance footage, proving they were on the property illegally.

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

Criminal trespass is often confused with similar crimes such as burglary and unlawful entry in Iowa; however, the state treats them as distinct offenses. The main difference between these offenses is the intent behind the trespass.

Criminal trespass is simply about being on someone else’s property without the authority to be there. It does not require intent or proof that the offender was planning to harm anybody or steal and damage any part of the property. Entering or remaining on the property without the owner’s permission is sufficient.

Burglary in Iowa involves entering a building or structure with the intent to commit a crime within, such as assault, theft, or vandalism. The intent to commit more crimes increases the severity of the charge.

Iowa law does not generally use the breaking and entry phrase to describe burglary or other similar crimes. The statutes now focus on entering and staying illegally and criminal intent. Forced entry is not a requirement; even walking into open doors with the intent to commit a crime may qualify as burglary.

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

Prosecutors in Iowa are permitted to dismiss or reduce charges and offer plea deals to criminal trespass offenders, especially for first-time low-level offenders, whose crimes cause little or no harm or damage. As criminal trespass charges are typically low-level misdemeanors, the courts may aim for results that correct criminal behavior without leaving the offender with a long-term criminal record.

Common resolution choices include a plea agreement where the defendant pleads guilty to a lesser charge or diversion programs, where the defendant completes certain conditions, such as probation, fines, or community service, in exchange for the cases being dismissed later. These kinds of options are more likely to be considered when the defendant is a first-time, non-violent offender, with no prior criminal history, who cooperates with law enforcement. If the defendant completes the terms specified in the plea agreement or diversion program, the case may be dismissed, and they will avoid a conviction.

Iowa also allows criminal trespass cases that were dismissed to be sealed or expunged, removing them from public access to give the defendant a clean slate.

Will an Iowa Criminal Trespass Charge Stay on Your Record?

In Iowa, a conviction for criminal trespass will become part of an offender’s permanent criminal record unless steps are taken to expunge it formally. As a public record, the conviction will appear on court record searches and background checks that can be accessed by the general public.

However, if the charge was dismissed or resolved through a diversion program, it may still appear in court records, but it will indicate that there was no conviction. These kinds of records can typically be expunged and removed from public access. An expunged case will not appear on most background checks or court records, but law enforcement and certain government agencies may still have limited access to it.

Individuals charged with criminal trespass offenses who were not found guilty or who had the charges dismissed may petition for expungement after a waiting period of 6 months(180 days). As long as there were no pending charges or new convictions during that time, non-conviction cases may be removed from their criminal record.

Expungement or Record Sealing Options in Iowa

Iowa permits certain criminal trespass charges and convictions to be sealed or expunged, removing them from a person’s criminal record, depending on the outcome of the case and the applicant’s prior record. While expungement means removing a record from public access, sealing is primarily used in the context of juvenile court records, achieving the same effect as expungement.

Under Iowa Code § 901C.2, an applicant in Iowa may be eligible for expungement if the trespass charge was dismissed, they were acquitted at trial, or they completed a diversion program. After 180 days, if there are no pending charges or new convictions, they may apply for expungement to remove the record. For criminal trespass convictions, there are only limited conditions for expungement. The applicant must be a first-time offender and may apply for expungement after a waiting period of 8 years.