What Is Criminal Trespass in Hawaii?

In Hawaii, criminal trespass occurs when someone enters or stays on someone else’s property without permission or legal right, which includes not responding to requests or indications to leave. Under Hawaii law, HRS §708-813 and §708-814, this includes occupying another person’s land or building, as well as enclosed areas, and not abiding by the posted “No Trespassing” signs, fencing, or direct verbal notice.

Hawaii criminal trespass laws take into account the location of the trespass when determining the degree of the offense. For example, entering a home or secured building illegally is viewed as a greater offense than simply being on open land. There is no requirement of an intention to commit a crime. Just being on a property and ignoring the ‘No Trespassing‘ signs or requests is sufficient to constitute trespass.

In certain instances, remaining on closed property after hours, such as schools or public buildings, may also lead to criminal trespass. Hawaii law considers notice and consent as the core components; a person must have been, or should have been, aware that they were not permitted on the property.

How to Look Up Public Criminal Trespass Records in Hawaii

People searching for public criminal trespass records in Hawaii may access the Hawaii State Judiciary’s Information Management System eCourt Kokua online court system. This system provides people with a free public database, which may be used to conduct name-based or case number-based searches. People may access basic information about a case, such as charges, case status, and court dispositions. For detailed records or certified case documents, requests must be made to the clerk of the circuit or district court in which the case was filed.

Most criminal cases, both active and closed, are public records. However, eCourt Kokua and the courts do not provide access to sealed or expunged records. Although third-party websites will list public cases for background checks, the most reliable and current information will always be found on the Judiciary’s official portal.

Types of Criminal Trespass Offenses

Hawaii law classifies criminal trespass crimes into different categories. This classification is based on the nature of the conduct and the type of property involved. Hawaii law distinguishes first and second-degree criminal trespass offenses under HRS § 708–813 and § 708–814.

• First Degree Criminal Trespass is the more serious crime. It is committed when someone knowingly enters or remains unlawfully in a dwelling, hotel, apartment building, or fenced-in commercial premises. This is a misdemeanor, meaning a person convicted of trespassing would incur jail time and or a fine.
• Second Degree Criminal Trespass: is the trespass of open land, public buildings after normal operating hours, or school property. The law in Hawaii classifies each of the aforementioned properties as public. As such, when the property is open and used as such, it is a petty misdemeanor, meaning the person in violation of the law incurs jail time and or a fine, but lesser than a first-degree criminal trespass.

If trespass is committed with another crime, such as burglary or vandalism, the crime may remain a trespass, but the charge must escalate to a more serious crime. To learn more about how trespass fits within Hawaii’s broader criminal categories, visit this guide on the different types of crimes.

Penalties for Criminal Trespass in Hawaii

The penalties for criminal trespass in Hawaii vary based on the offense level and the context of the offense. A first-degree criminal trespass conviction counts walking unaccompanied in the hall of a hotel as a misdemeanor. This level covers more extreme scenarios like entering or remaining in a home or a locked fenced area of a commercial property. This crime potentially carries a penalty of one year in jail and a $2,000 fine.

Second-degree criminal trespass is a petty misdemeanor and has a maximum penalty of 30 days in jail and a $1,000 fine. This crime is more common and consists of crossing unoccupied land, school grounds, and public buildings after hours.

If the person is armed, trespasses at night, or has previously been warned to stay away, penalties are much more severe. A repeat offense is more likely to be punished more severely, and the trespass is more likely to be accompanied by a crime like theft or vandalism. Other factors, such as the value of property damage or previous convictions, also influence the sentence.

Can You Be Arrested for Criminal Trespass in Hawaii?

Yes. In most instances, criminal trespass in Hawaii may lead to an arrest. Officers may apprehend an individual who unlawfully enters or remains on private or restricted property. Suppose an individual is found on the property. In that case, an arrest may be made at that moment or soon after, with evidence such as surveillance footage, witness accounts, or prior warning evidence. Even petty misdemeanor trespass offenses may lead to arrest, especially if the individual refuses to leave the property or if they have been warned before. When arrested, a person may be booked, released with a court summons, or asked to post bail in relation to the severity of the case.

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

In Hawaii, criminal trespass may be confused with burglary and “breaking and entering”, which are distinct offenses. No crime is intended with trespass, and it is simply entering, or remaining, on property without permission. It is simply a case of unauthorized presence.

Burglary, as defined by HRS §708-810 and §708-811, is far more serious, as it requires the intent to commit a crime, theft, or assault inside the victims ' premises after the unlawful entry to a building or a dwelling. Hawaii does not separately define “breaking and entering” as it is encompassed under the burglary statutes.

Generally, there is a difference between trespass and burglary. Trespassing is simply unlawful presence, whereas there is intent to commit a crime when unlawful presence is accompanied by burglary. In the case of burglary, entry does not have to be forced. However, there must be intent.

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

Dismissal or reduction of criminal trespass charges is possible in Hawaii, especially for first-time offenders or cases where there was little to no damage. If the offender appears remorseful, complies with the police, or resolves the issue with the property holder, prosecutors may drop or reduce the charge. Frequently, defendants may receive a Deferred Acceptance of Guilty Plea (DAGP), a type of deferred adjudication, under which the court may dismiss the case if the individual completes community service, pays restitution, or otherwise maintains good behavior.

In the case of unintended trespass, prosecutors may recommend diversion programs. These programs, along with plea agreements, reduce the charge to a lesser offense and, in so doing, help avert the imposition of a criminal record for that individual. Once the charges are dropped and the deferral program is completed, the individual may be able to have the record sealed or expunged. This is available in cases where there is no criminal history and no aggravating factors such as multiple offenses, previous trespass cases, or entry to a home.

Will a Hawaii Criminal Trespass Charge Stay on Your Record?

If a criminal trespass charge leads to a conviction in Hawaii, it may become permanent and show up in background checks. Convictions for misdemeanors and petty misdemeanors become part of an individual’s permanent record, which employers, landlords, and other parties who conduct background checks may see. While criminal records are permanent, it certainly may help your case if a charge is dismissed, resolved in a diversion program, or is a deferred acceptance of guilty plea (DAGP).

When a case is dismissed or if a case is completed successfully under a deferral, the person may later get the record expunged under Hawaii’s expungement laws. After expungement, the individual record is sealed and restricted from public access–meaning it won’t show on background checks.

In summary, a trespass conviction will stay on the public record unless formally expunged or sealed. The best chance of record clearing for someone who has not been convicted–for example, a dismissal or deferred adjudication–is after the required waiting period and an expungement application to the Hawaii Criminal Justice Data Center.

Expungement or Record Sealing Options in Hawaii

Hawaii allows some criminal trespassing charges and some criminal trespassing convictions to be expunged or sealed, depending on the circumstances. Expungement removes the record permanently, while sealing the record only allows law enforcement or the judicial system to view the record.

Individuals may be eligible for expungement if the trespass case was dismissed, not prosecuted, or if the person was accepted into a deferred acceptance of guilty plea (DAGP) that they later completed under Hawaii Revised Statutes §831-3.2. Once expunged, the record is gone, and the person may state that no record exists legally.

However, if the person was convicted of criminal trespassing, they most likely will not qualify for expungement. In that situation, the record will remain public, although it will carry less weight as time goes by. Those with a trespass charge they wish to clear may apply to the Hawaii Criminal Justice Data Center, and will have to wait some time after the case has closed. This is a very valuable opportunity for eligible individuals to expunge, as it allows them to move on with the added weight of a minor criminal record.