What Is Criminal Trespass in Alaska?

Under Alaska Statute Title 11, criminal trespass occurs when someone enters or remains in a location that is not accessible to the public without legitimate privilege. This also applies to instances where an individual is told to leave a public area by an authorized person and fails to do so. Alaska’s criminal trespass law also extends to violations of specific orders, such as those issued under domestic violence statutes, which forbid entry into certain premises.

Trespassing in Alaska is not just about being physically present on a premises. It also concerns the context of the entry. Someone who enters or remains on vacant public land may be considered privileged to do so unless they are clearly notified that trespass is prohibited. Such a notification may be communicated in person by the landowner or through conspicuously placed “No Trespassing” signs.

In Alaska, notification of trespass is crucial to determining whether someone’s presence on another person’s land is lawful or not. Due to Alaska's vast territory, which includes undeveloped and seemingly unused land, people may have a specific right to access such land under certain conditions (not intending to commit a crime and the absence of a fence or barrier meant to block entry). However, this privilege may be revoked if the landowner or an authorized person serves a notice of trespass on the offender in person or by posting a sign in a conspicuous location to inform unknowing offenders.

How to Look Up Public Criminal Trespass Records in Alaska

Requesters wishing to check the status of a trespass case or conviction may use the Alaska Court System's online portal (CourtView) or visit (or contact) the local clerk of court.

CourtView: On the platform, users are expected to click on "Search Trial Court Cases/Pay Online", select the search type (e.g., case number, name, or ticket/citation), and then submit. Under results, open a case and review party charge information and charge disposition to view charges (misdemeanor/felony) and outcomes.

CourtView is not a criminal-history check portal. Per Alaska Administrative Rule 40, sealed or confidential records, including sealed/confidential or certain dismissals, do not appear in public searches.

Local clerk of court: To obtain certified copies of relevant court documents or information that is inaccessible online, requesters may visit or contact the District or Superior Court Clerk where the case was heard. The Clerk's Office may charge a small fee for copying requested court documents.

Types of Criminal Trespass Offenses

In Alaska, the law categorizes criminal trespass into two types, based on where the person is and what they are doing.

Criminal trespass in the first degree (Sec. 11.46.320): This is the most serious type of criminal trespass, and it occurs when someone enters or remains unlawfully on a land or dwelling with the intention of committing a crime. This is a class A misdemeanor.

Criminal trespass in the second degree (Sec. 11.46.330): This offense occurs when someone enters or remains unlawfully in or upon premises (e.g., a store, fenced area) or in a propelled vehicle without permission. This is categorized as a Class B misdemeanor.

Alaska also recognizes the limited "open land" privilege for a person on unimproved, apparently unused land that is not fenced or has a conspicuously posted "No Trespassing" sign. Once the landowner personally delivers a notice to leave or posts conspicuous signs, remaining on the land becomes illegal.

Most trespass offenses in Alaska are misdemeanors, not felonies. However, behaviors, such as the intention to commit a crime inside a building, may escalate the offense to burglary, which is often a felony crime and not "felony trespass".

Interested parties may review the Alaska Court System's information page for additional details on where criminal trespass offenses are situated within the context of Alaska's general types of crimes (felony vs. misdemeanor classes and penalties).

Penalties for Criminal Trespass in Alaska

In Alaska, criminal trespass offenses are classified as misdemeanors, with penalties varying according to the severity of the offense. Criminal trespass in the first-degree is a Class A misdemeanor. In contrast, criminal trespass in the second degree is a Class B misdemeanor.

The maximum sentences and fines for criminal trespass in Alaska are obtainable under the state's general misdemeanor sentencing statutes (Sections 11.81.250(a)(4) and (5)). This means that criminal trespass in the first degree is punishable by up to 1 year in jail and fines of up to $25,000. Criminal trespass in the second degree carries a jail term of up to 90 days and a maximum fine of $2,000.

Please note that aggravating factors, such as being armed, trespassing at night, damaging property, or returning after being warned, may result in harsher penalties or additional charges, like burglary or criminal mischief.

Can You Be Arrested for Criminal Trespass in Alaska?

In Alaska, criminal trespass is an arrestable offense, provided specific conditions are met. Under AS 12.25.030(a)(1), a warrantless arrest may only be conducted if the crime is committed or attempted in the presence of the arresting officer. This means the officer is expected to see enough of the criminal conduct directly (or through reliable, immediate evidence) to believe the trespass is occurring at that moment.

An arrest without a warrant is typically not permitted unless the officer personally observes the trespass, unless a specific statutory exception applies (e.g., domestic violence, certain bail violations, or protective order violations pursuant to Sections 12.25.030(b), 12.25.033, or 12.25.035).

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

Although some Alaskans often confuse the terms "criminal trespass" and "burglary", they are distinct offenses under state law. The main difference lies in intent.

Criminal trespass (§11.46.320 to §11.46.340) typically happens when someone knowingly enters or remains on a premises without permission. This may be a fenced area or a residential home. The intent to commit a crime is not a factor in this crime. Simply being on the premises unlawfully constitutes criminal trespass.

Conversely, burglary (§11.46.310 to §11.46.315) occurs when a person enters or stays unlawfully in a building with the intent to commit another crime, such as theft, assault, or vandalism.

To legally hold someone liable for trespass, Alaska law requires landowners to post signage (especially on unimproved or unfenced land) in a reasonably conspicuous manner (AS 11.46.350(b)). This requirement does not apply when someone enters land with the intent to commit a crime.

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

In Alaska, criminal trespass charges may sometimes be dismissed or reduced for first-time offenders or minor incidents. Prosecutors may offer plea bargains that reduce the charge from first-degree criminal trespass to second-degree criminal trespass, provided no damages, threats, or intent to commit another crime are involved.

Under AS 12.55.085, the court may also grant defendants a Suspended Imposition of Sentence (SIS), provided they meet specific conditions. These typically include completing requirements such as community service, counseling, restitution, or probation. Following the successful completion of the requirements, the court may set aside the conviction.

Records of cases that are dismissed, acquitted, or set aside are typically sealed from public access pursuant to AS 12.62.180(b) and Alaska Administrative Rule 37.5.

Alaska law rarely uses the term "expungement". Sealing is the operational term. While dismissed or acquitted case records may be sealed, convicted persons cannot expunge such records.

Will an Alaska Criminal Trespass Charge Stay on Your Record?

Since Alaska does not automatically expunge or seal conviction records, such records may remain on someone's record indefinitely. Information on criminal convictions is part of an individual's public criminal history record and may be visible to employers, landlords, or licensing agencies conducting background checks.

Records of individuals whose cases were dismissed, resolved through a suspended imposition of sentence (Alaska's version of a diversion program), or closed without a conviction may be set aside. Such records are typically not accessible on public databases.

Eligible parties may petition for the sealing of such records under Administrative Rule 37.5(e) and AS §12.62.180(b) (for non-conviction or dismissed cases). Once sealed, these records are hidden from public view, though law enforcement and certain government agencies may still view them.

Note: Eligibility for record sealing is based on the fulfillment of all case conditions (such as restitution, probation, and other court-imposed requirements).

Expungement or Record Sealing Options in Alaska

In Alaska, complete expungement of criminal convictions is not an option. There are, however, opportunities for individuals to seal their records under certain conditions.

Expungement typically refers to the complete erasing of a criminal conviction, as if it never existed. On the other hand, sealing removes criminal records from public view. Still, it makes them accessible to qualified agencies (e.g., law enforcement).

Per Alaska Administrative Rule 37.5(e) and AS §12.62.180(b), applicants may petition for the sealing of their records if:

• Their criminal trespass charge was dismissed, they were acquitted, or it was resolved without conviction.
• They completed a suspended imposition of sentence (SIS) under AS § 12.55.085.

If approved, the record will no longer appear in public searches or most background checks. However, Alaska does not permit sealing for most convictions, including Class A or B misdemeanors, except in narrow exceptions, such as juvenile cases set asides under SIS or erroneous convictions.