What Is Criminal Trespass in Arkansas?

Criminal trespass occurs under Arkansas law (Arkansas Code § 5-39-203) when someone purposely enters or stays on another person's property (or vehicle) without permission or lawful authority.

The key elements involved in an Arkansas criminal trespass include:

• Purposely engaging in the act: This means the trespasser is aware of their action; it did not happen by accident.
• Entering or remaining unlawfully: This means the trespasser has no license, lease, or right to be there.
• The property may be a vehicle, premises (land or building), or "critical infrastructure" (in some instances).

Notice plays a vital role in determining if someone is trespassing. When a property is fenced, posted with "No Trespassing" signs, or the owner has verbally told a trespasser to leave, continuing to stay on it often makes the conduct unlawful.

Arkansas also has a separate statute, § 5-39-305, for criminal trespass on premises in unincorporated (rural) areas. This law prohibits individuals from purposely entering another's premises outside city or town limits without written permission if the premises are lawfully posted, cropland or timberland, enclosed with a sufficient fence, or critical infrastructure.

How to Look Up Public Criminal Trespass Records in Arkansas

Individuals wishing to find out the status of someone's criminal trespass case or conviction in Arkansas may use the following resources:

• Arkansas Judiciary Case Search Portal: Interested parties may visit the Search ARCourts/Case Search portal (the official public index) to search by name or case number. The platform allows users to view case status, charges, and court locations for participating courts.
• Clerk of Courts: To obtain certified copies or archival records, petitioners are expected to contact the circuit or district court clerk where they filed the case. They may access a list of courts and their services via the Arkansas Judiciary site.

While online searches are typically free, Arkansas charges clerk fees for transcripts, copies, and certifications (e.g., per-page charges and a certificate/seal fee).

Note: Sealed criminal records (convictions or non-convictions) and sensitive personal information (such as SSN, financial data, private addresses, or internal judicial notes) will not appear in public online searches or in Clerk's public indexes 

Types of Criminal Trespass Offenses

Arkansas law (§ 5-39-203) covers different types of crimes. Depending on where the trespass incident happened and whether the act posed any danger or intent, criminal tresspass may be classifed as:

• Class D felony: This is the most severe penalty and applies to trespassing on critical infrastructure (such as public utility plants, oil/gas processing plants, and water treatment plants) or to offenders with two prior class A misdemeanor convictions for trespass.
• Class A misdemeanor: Someone may face a Class A misdemeanor penalty for a repeat trespassing conviction or for trespassing while possessing a killing device or a tool designed to disarm locks or bring down fences (e.g., a bolt cutter). This category also applies to trespassing while in possession of a harvesting device, an artifact-finding instrument, or a fishing pole or net in a commercial fishery.
• Class B misdemeanor: This offense category applies to someone trespassing on any property or vehicle that is an "occupiable structure," as defined in § 5-39-101. A Class B misdemeanor also applies if someone removes any signs or fencing when trespassing.
• Class C misdemeanor: A trespass offense that does not involve aggravating circumstances is classified as a class C misdemeanor (§ 5-39-203).

Penalties for Criminal Trespass in Arkansas

In Arkansas, criminal trespass penalties typically depend on where the trespass occurred and the severity of the act. The different forms of criminal trespass in Arkansas are discussed as follows:

• Class D Felony: Trespassers may face a prison term of up to 6 years and fines up to $10,000 if they trespass on the premises of critical infrastructure (e.g., power plants, water facilities) or if they have two or more prior Class A misdemeanor convictions for trespassing under § 5-39-203 or § 5-39-305.
• Class A misdemeanor: A Class A misdemeanor conviction carries a penalty of up to a year in jail and fines up to $2,500. Those who may face this type of trespass charge include individuals with a prior trespassing conviction or those who trespass while carrying a knife, firearm, weapon, bolt, or wire cutter. 
• Class B Misdemeanor: This trespass offense type prescribes a jail term of up to 90 days and a fine of up to $1,000 if someone enters or remains unlawfully in a residence or occupiable structure.
• Class C Misdemeanor: Individuals accused of a Class C misdemeanor may face a maximum of 30 days in jail and a fine up to $500 if they trespass on commercial property, open land, or vehicles.

Can You Be Arrested for Criminal Trespass in Arkansas?

Yes. Under Arkansas Code § 16-81-106, officers may arrest someone without a warrant if they personally witness the trespass or have reliable information (probable cause) that the offense occurred. Regardless of whether the property owner is present, evidence such as video recordings or felony trespass under § 5-39-203's "critical infrastructure"/repeat-offender provisions may justify an arrest. Arkansas law also allows officers to conduct investigations and make arrests on certain private properties (e.g., business parking lots) as if they are on public streets.

Arkansas law typically mandates a warrant for misdemeanor trespass offenses not committed in the presence of an officer, unless a specific statute provides an exception (e.g., domestic abuse, gas theft, interference with emergency communication, and shoplifting on probable cause). Criminal trespass is not among such general exceptions (Arkansas Rule of Criminal Procedure 4.1).

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

Contrary to the belief of most Arkansas residents, criminal trespass and burglary are distinct offenses. The main difference lies in intent.

Under Arkansas Code § 5-39-203, criminal trespass occurs when someone knowingly enters or remains on another person's property without permission. This is an offense even if the trespasser has no intention of committing another crime. Simply being in a place where one lacks the license or privilege to be is sufficient to warrant a trespass charge.

In contrast, burglary, as defined under Arkansas Code §§ 5-39-201 and 5-39-202, involves entering or remaining unlawfully in a structure with the intent to commit an additional crime. Such crimes may include theft, assault, or vandalism. Forced entry ("breaking and entering") is not required as an element of burglary; unauthorized entry with criminal intent qualifies as burglary.

Like most states, Arkansas views burglary as a more serious offense because it involves the intent to commit another crime. This explains why burglaries are classified as felonies, while most trespass cases are misdemeanors unless they involve critical facilities or aggravating factors.

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

Yes. Arkansas prosecutors sometimes offer plea deals to dismiss or reduce criminal trespass charges, especially for first-time or low-level offenders. There are deferred adjudication programs (under the First Offender Act) where the court may withhold adjudication after a guilty/nolo plea. After the defendant successfully completes the program, the court dismisses the case.

The state also has prosecutor- or court-led diversion programs that allow individuals to complete community service, restitution, or counseling in exchange for dismissal. If the program is successfully completed, the charge is dropped, and no conviction appears on the person's record.

After successful completion, the defendant may apply for sealing under A.C.A. § 16-90-1401 et seq. Once sealed, the record is hidden from public view.

Will an Arkansas Criminal Trespass Charge Stay on Your Record?

Arkansas court records are presumptively public under Administrative Order No. 19. This means a criminal trespass conviction will generally remain visible through online court indexes and Arkansas State background checks unless a court seals it.

Individuals whose criminal trespass cases were dismissed, not prosecuted (nolle prosequi), or who were acquitted, may petition to seal the case. Under Arkansas law, non-convictions, including dismissals and acquittals, and arrests that did not result in charges may be sealed.

After they are sealed, the record is hidden from public view and only accessible to certain law enforcement agencies.

In Arkansas, most misdemeanor convictions and some Class C or D felonies qualify for sealing immediately after the record owner completes their sentence, provided the crime was nonviolent. Some violent crimes may be eligible for sealing after a post-sentence waiting period (five years). However, eligibility varies by offense and prior record(s).

The Arkansas Crime Information Center (ACIC) implements sealing orders and specifies a 30-day processing window for them statewide.

Expungement or Record Sealing Options in Arkansas

Criminal trespass charges are eligible for sealing pursuant to Ark. Code Ann. § 16-90-1410. This law enables individuals whose criminal trespass cases were dismissed, not prosecuted (nolle prosequi), or acquitted to petition the court that handled the case for the sealing of such files.

Most misdemeanor convictions and some Class C or D felonies in the state qualify for sealing immediately after the record owner completes their sentence, provided the crime was nonviolent. Some violent crimes may be eligible for sealing after a post-sentence waiting period (five years). Ineligible offenses are stated in the statute.

When a record is sealed under the Comprehensive Criminal Record Sealing Act, it is hidden from public view. This allows the defendant to treat it as if it never occurred, making it invisible to most employers during background checks. However, these records remain accessible to authorized government agencies, such as law enforcement or the courts.

Note: In Arkansas, record sealing (sometimes called "expungement" in older materials) is the legal term recognized in adult cases.