What Is Criminal Trespass in Arizona?

In Arizona, trespassing occurs when a person knowingly enters and remains unlawfully on any property after being clearly informed by the property owner or occupant (through signage or personal communication) not to do so.

For a criminal trespassing charge to result in a conviction in Arizona, the following elements are expected to be proven beyond a reasonable doubt:

Knowledge: The person must know that they are entering or staying on the property illegally (A.R.S. § 13-1502(A); § 13-1501(1)).

Notice or Request to Leave (Third-Degree Trespass Only): The trespasser must ignore a verbal or written request to leave or "No Trespassing" signs or fencing (reasonable notice). Such a notice is not needed for second- or first-degree trespass. Those categories focus instead on the type of property entered.

Location or Property Type: The severity of an Arizona criminal trespass often depends on where the offense occurred (A.R.S. §§ 13-1502 – 1504):

• Open land or property after notice - Third degree trespass
• Nonresidential structure or fenced commercial yard - Second degree trespass
• Residential structure, fenced residential yard, or critical facility - First degree trespass

How to Look Up Public Criminal Trespass Records in Arizona

Individuals seeking to check the status of a trespass case or conviction may use the following resources:

Public Access to Court Case Information: By searching with a case number or party name, requesters may find case information on this statewide case lookup portal.

eAccess: For a fee per downloaded file or a monthly subscription, users may search for Superior Court criminal cases filed on or after July 1, 2010, on this platform, except for Pima County, which has a July 1, 2015, cutoff date. 

Local Court Websites: For cases heard in a particular jurisdiction (e.g., county, city, justice, or municipal court), visit the court's website and look for a "Case Search" or "Court Records/Docket" page (e.g., Maricopa Justice Courts). Users may find dockets, schedules, minute entries, and sometimes scanned documents.

Clerk of Court Office: For case information that is not accessible online, requesters are expected to contact the Clerk of the relevant court (Superior, Municipal, Justice, or County Court) in the jurisdiction where the alleged trespass occurred to request copies of filings, judgments, or dockets. Copying fees typically apply for certified and noncertified copies of documents.

Cases sealed or restricted pursuant to A.R.S. § 13-911 are typically inaccessible to the public via online or standard search. 

Types of Criminal Trespass Offenses

Arizona law categorizes offenses into different categories. Title 13, Chapter 15 of the Arizona Revised Statutes outlines the different forms of trespassing in the state. The following section explains the various forms of trespass and their distinguishing criteria:

• First Degree Trespassing (ARS 13-1504): This is the most serious form of trespassing. An individual may face a first-degree criminal trespassing charge if they unlawfully enter a residential structure (Class 6 felony), trespass in a fenced residential yard, or deface a religious property (Class 1 misdemeanor), or if they enter a critical public service facility without permission (Class 5 felony).
• Second Degree Trespassing (ARS 13-1503): This occurs when someone unlawfully enters and remains in a nonresidential structure or fenced commercial yard. This category of trespassing is considered a Class 2 misdemeanor and may result in substantial legal consequences.
• Third Degree Trespassing (ARS 13-1502): This is the least severe form of trespassing. This includes situations in which someone refused to leave a property after being asked to do so by the owner, or ignored "No Trespassing" signs or other clear warnings. Three-degree trespassing is classified as a Class 3 misdemeanor. 

Penalties for Criminal Trespass in Arizona

In Arizona, the penalties for criminal trespass typically depend on the location of the offense and the circumstances surrounding it. According to Arizona Revised Statutes §§ 13-1502 to 13-1504, trespass offense may range from a Class 3 misdemeanor to a Class 5 felony.

• First-Degree Criminal Trespass: The penalties for first-degree trespass vary depending on where the offense occurs. For example, entering a residential structure is a Class 6 felony, punishable by up to two years in prison for first-time offenders. Trespassing in a fenced residential yard or defacing religious property is a Class 1 misdemeanor, which carries a maximum penalty of six months in jail, a $2,500 fine, and up to three years of probation. Unauthorized entry into a critical public service facility, such as a power plant or water treatment center, is a Class 5 felony, with a potential prison sentence of up to 2.5 years. 
• Second-Degree Criminal Trespass: This involves knowingly entering or remaining unlawfully in or on a non-residential structure or fenced commercial yard. It is a Class 2 misdemeanor, punishable by up to 4 months in jail and fines of up to $750. 
• Third-Degree Criminal Trespass: This occurs when someone knowingly enters or remains unlawfully on unfenced or open land after being warned not to do so. This is a Class 3 misdemeanor, which carries a maximum jail term of 30 days and a fine of up to $500.

Aggravating factors, such as possessing dangerous weapons while trespassing, trespassing at night, or returning after a prior warning, may escalate the level of charges, thereby resulting in increased penalties.

Can You Be Arrested for Criminal Trespass in Arizona?

For someone to be arrested for criminal trespass, certain conditions have to be met. Per A.R.S. § 13-3883, an officer may arrest without a warrant if:

• A misdemeanor was committed in the officer's presence, and there is probable cause (e.g., entering someone's property unlawfully), or
• The officer has probable cause to believe a misdemeanor or felony has taken place, even if they did not personally witness it (per § 13-3883(A)(4)).

This means that in certain situations, an officer may arrest an individual for trespassing if there is solid evidence (witness reports, surveillance footage) supporting the charge, even if the officer did not witness the act firsthand.

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

While some people might confuse criminal trespass with burglary, Arizona law considers them separate offenses with different levels of severity. The primary distinction lies in intent.

A.R.S. §§13-1502–13-1504 describes criminal trespass as a situation where a person knowingly enters or remains on another individual's property without authorization. The intent to commit a crime is not a factor in determining trespass; the act of deliberately entering or remaining in a place where one is not permitted is enough.

In contrast, burglary, pursuant to A.R.S. §§13-1506–13-1508, involves entering or remaining unlawfully with the intent to commit a theft or felony inside. "Breaking and entering" is not required for an offense to be classified as a burglary. Simply entering a property unlawfully with criminal intent qualifies as burglary.

The criminal intent element is a significant reason why penalties for burglaries are more severe than those for trespass.

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

Under Arizona Rules of Criminal Procedure, Rule 17.4, Arizona prosecutors may negotiate plea agreements that dismiss or reduce charges (e.g., from a higher-degree trespass to a lesser misdemeanor). This may be done through county attorney-administered programs (deferred prosecution) under A.R.S. § 11-361, which allow eligible defendants to fulfill specified conditions and have their cases dismissed if the requirements are successfully completed.

Following a dismissal (no conviction), an individual may petition to seal their records under A.R.S. § 13-911. If a conviction occurs, they may seek a set-aside under A.R.S. § 13-905, and if eligible, also petition to seal their records. Arizona typically does not allow broad expungement of records. 

After a dismissal (no conviction), a person may petition to seal records under A.R.S. § 13-911; after a conviction, they may seek a set-aside under A.R.S. § 13-905 and, if eligible, also petition to seal the records. Broad expungement is generally not available.

Although outcomes usually depend on the facts of the case and prior history, cooperation and first-time status often improve the chances of a favorable resolution.

Will an Arizona Criminal Trespass Charge Stay on Your Record?

Generally yes. Since Arizona court records are presumptively public, a criminal trespass case will appear in public indexes unless a court limits access to such a record under Supreme Court Rule 123. Arizona's Department of Public Safety (DPS) also maintains a central database for criminal history information that may be used for authorized background checks. 

Individuals whose cases were dismissed, not charged, or acquitted may still have their records appear in online searches unless they petition to seal them (A.R.S. § 13-911). This process (sealing) hides the case from public view. It allows the person to claim that they were never arrested, charged, or convicted (with narrow exceptions). 

The statutory waiting times after completing non-monetary sentence terms include three years for a Class 1 misdemeanor, two years for a Class 2–3 misdemeanor (longer for felonies).

Those who were convicted but eligible may seek a set-aside under A.R.S. § 13-905. However, this process does not delete the case; DPS annotates the record as "set aside," and the owner may obtain a Certificate of Second Chance. 

True expungement is narrow in Arizona and applies only to certain marijuana offenses under A.R.S. § 36-2862. 

Expungement or Record Sealing Options in Arizona

Arizona offers two main post-case remedies: sealing (A.R.S. § 13-911) and set-aside (A.R.S. § 13-905). 

Sealing: Under this process, a court order seals all case records (e.g., arrest, charge, conviction, and sentencing) from public view after statutory waiting periods (typically 2 to 3 years for misdemeanors; longer for felonies), once the defendant has completed all non-monetary terms. Sealed records are usually unavailable to the general public conducting background checks. However, they remain accessible to authorized agencies listed in the statute.

Set-aside: This concerns convictions. The court may set aside the judgment, lift or remove some of the legal consequences associated with a criminal conviction, and, if eligible, issue a Certificate of Second Chance. However, this does not remove the case from public view; it explains that the record is "set aside". 

In Arizona, record expungement is primarily restricted to specified marijuana offenses legalized by Proposition 207 (A.R.S. § 36-2862), with procedures outlined in Rule 36. Under this law, eligible records may be expunged, and associated convictions may be vacated.