Fare Evasion and Your DBS Check: Protecting Your Professional Future
Fare Evasion and Your DBS Check: What Will and Won’t Show Up.
A fare evasion conviction is a criminal record. How it appears on a DBS check — and for how long — depends entirely on the charge, the outcome, and whether the matter was resolved in court or through an out-of-court settlement. For regulated professionals, getting this wrong can cost you your career.
Makwana Solicitors specialise in securing out-of-court settlements that keep fare evasion entirely off your criminal record. For professionals regulated by the GMC, SRA, FCA, or NMC, this is often the only outcome that protects both your career and your DBS certificate.
This guide explains how fare evasion convictions interact with the DBS checking system, what the difference between a conviction and a settlement means for your record, and why the distinction matters so much for regulated professionals. For a full overview of how we defend fare evasion cases and secure out-of-court settlements, see our main Fare Evasion Solicitors guide.
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1. How Fare Evasion Appears on Different DBS Check Levels
The Disclosure and Barring Service (DBS) operates three levels of check, each disclosing different categories of information. The level required depends on the role being applied for.
Basic DBS Checks
A Basic check discloses only unspent convictions. Under the Rehabilitation of Offenders Act 1974, a fare evasion conviction resulting in a fine becomes spent 12 months from the date of the fine. During that 12-month window, the conviction will appear on a Basic DBS check and must be disclosed to any employer who requests one.
Standard and Enhanced DBS Checks
Standard and Enhanced checks are required for roles involving positions of trust — working with children, vulnerable adults, financial services, healthcare, and the legal profession. They disclose both spent and unspent convictions, subject to the filtering rules described below.
- Convictions: A conviction for fare evasion under Section 5 of the Regulation of Railways Act 1889 is a recordable offence involving dishonesty. It will appear on Standard and Enhanced checks until it meets the filtering criteria — typically 11 years from the date of conviction for adult offenders.
- Cautions: A formal police caution is an admission of guilt and will appear on Standard and Enhanced checks. Many people believe a caution is a low-stakes outcome — it is not. For regulated professionals, a caution for a dishonesty offence carries many of the same professional consequences as a conviction.
The Settlement Position
An out-of-court settlement with a train operator is a private civil agreement. The train company agrees to withdraw the prosecution in exchange for payment of the outstanding fare and their costs. Because the matter never reaches a court and no caution or conviction is recorded, it does not appear on the Police National Computer (PNC) and therefore does not appear on any level of DBS check — Basic, Standard, or Enhanced. This is the only outcome that leaves your DBS certificate entirely clear.
2. Conviction vs. Settlement: The Critical Difference
| Outcome | PNC Entry? | Basic DBS? | Standard / Enhanced DBS? | Professional Disclosure? |
|---|---|---|---|---|
| Penalty Fare | No | No | No | Generally no |
| Out-of-Court Settlement | No | No | No | Generally no |
| Police Caution | Yes | While unspent | Yes (subject to filtering) | Yes — must disclose |
| Byelaw 18 Conviction | Yes | While unspent | Discretionary (Enhanced) | Depends on regulator |
| Section 5(3) Conviction | Yes | While unspent | Yes — up to 11 years | Yes — mandatory |
3. Why “Intent to Defraud” is the Danger Zone
Most railway prosecutions are brought under Section 5(3) of the Regulation of Railways Act 1889. This charge requires proof that you intended to avoid payment — making it an offence of dishonesty in the eyes of the law and of every professional regulator.
The distinction between a Byelaw 18 conviction (which does not require proof of intent) and a Section 5(3) conviction (which does) is significant for DBS and professional disclosure purposes. A Section 5(3) conviction is treated by regulators in the same category as fraud, theft, and other dishonesty offences. This is why the charge under which you are prosecuted matters so much — and why negotiating the right outcome, or securing a settlement before any charge is recorded, is so important.
4. The DBS Filtering Rules and Fare Evasion
The DBS filtering guidance sets out which convictions and cautions are automatically removed from Standard and Enhanced certificates after a set period — a process known as “filtering.” For adult offenders, a single conviction for an offence that did not result in a custodial sentence will generally be filtered after 11 years, provided it is not on the list of offences that are never filtered.
A Section 5(3) fare evasion conviction — as an offence involving dishonesty — will remain on Standard and Enhanced DBS certificates for the full 11-year period before filtering applies. During that period, it must be disclosed to any employer who requests a Standard or Enhanced check. For professionals in regulated roles, this means a decade in which every job application, promotion, and regulatory renewal carries the burden of disclosure.
Importantly, even after the formal filtering period has elapsed, the Chief Constable retains discretion on Enhanced checks to disclose information they consider relevant to the role — including filtered convictions. For roles involving significant responsibility or trust, this discretion can extend the practical impact of a conviction beyond the standard filtering period.
5. Professional Body Disclosure: Beyond the DBS Check
For regulated professionals, the DBS check is only one dimension of the problem. Most professional bodies impose independent disclosure obligations that go further than the DBS filtering rules.
- GMC (Doctors): Registered medical practitioners must notify the General Medical Council of any criminal charge or conviction, not just a final outcome. A Section 5(3) charge triggers a mandatory notification obligation even before a conviction is recorded. A conviction for a dishonesty offence will result in a fitness-to-practise investigation.
- SRA (Solicitors): Solicitors and partners in regulated firms must report criminal charges and convictions to the Solicitors Regulation Authority. A dishonesty conviction for a solicitor — as an officer of the court — is treated with particular seriousness and frequently leads to referral to the Solicitors Disciplinary Tribunal.
- FCA (Financial Services): Approved persons and those performing Senior Management Functions must maintain their Fit and Proper status. A dishonesty conviction requires immediate disclosure to compliance and is likely to result in the withdrawal of approval.
- NMC (Nurses and Midwives): Registrants must self-report criminal convictions and cautions to the Nursing and Midwifery Council. A dishonesty offence triggers a fitness-to-practise referral.
- Teaching Regulation Agency: Teachers must report convictions and cautions to the Teaching Regulation Agency. A dishonesty conviction can result in prohibition from teaching.
An out-of-court settlement, by contrast, is a private civil agreement between you and the train company. It does not involve a criminal disposal of any kind and therefore generally falls outside the mandatory disclosure obligations of professional regulatory bodies. This is one of the most important reasons why securing a settlement rather than accepting a conviction is so valuable for regulated professionals.
6. How We Protect Your Record
Our strategy is built on early intervention. The earlier we are instructed, the more options are available — and the lower the risk that the matter reaches a court at all.
- Direct Negotiation: We contact the train company’s legal team directly and open settlement discussions, presenting the case for why a prosecution is not in the public interest. We frame the professional consequences of a conviction — the fitness-to-practise risk, the DBS impact, the employment consequences — as part of the public interest argument.
- The Professional Impact File: We compile a tailored evidence package demonstrating your good character, your professional standing, and the disproportionate impact a conviction would have on your career and DBS certificate. This package is sent to the operator’s legal team as part of our formal representations.
- Settlement Finalisation: We ensure the final agreement is properly documented as a civil withdrawal — not a caution, not an informal warning, not a court disposal. The wording of the settlement matters: it must be clear that the prosecution has been withdrawn and that no criminal record is created.
7. Frequently Asked Questions
“Will a Penalty Fare show on my DBS check?”
No. A Penalty Fare is a civil fine — the equivalent of a parking ticket. It is not a criminal matter, it does not create a PNC entry, and it does not appear on any level of DBS check. The risk begins when the matter escalates beyond a Penalty Fare to a criminal prosecution.
“I already have a conviction. Can I have it removed from my DBS?”
Challenging or removing an existing conviction is difficult and requires specific legal grounds — for example, that the conviction was obtained unlawfully or that there was a procedural error that affected the outcome. It is not possible to simply apply to have a conviction removed because it is inconvenient. The most effective approach is always to prevent the conviction from being recorded in the first place. If you believe your conviction was obtained on a flawed basis, contact us to discuss the specific circumstances.
“If I go to court and am found Not Guilty, will it show on my DBS?”
No. An acquittal — a finding of Not Guilty — does not appear on a DBS check and does not create a criminal record. However, in strict liability cases such as Byelaw 18 prosecutions, an acquittal is not easy to achieve — the prosecution does not need to prove intent, only that you were on the train without a valid ticket. This is why we prioritise settlements over contested trials in most cases.
“Does a settlement need to be disclosed to my professional regulator?”
Generally no — but the answer depends on the precise wording of your regulator’s disclosure obligations and how those obligations are framed. Some regulators ask about “police involvement” or “criminal investigations” rather than only convictions. We advise all professional clients specifically on their disclosure obligations before any settlement is finalised, to ensure that the agreement is structured in a way that minimises disclosure risk.
“My employer has asked me to declare any criminal matters. Does a settlement count?”
Not as a criminal matter — a settlement is a civil agreement, not a criminal disposal. However, some employer declarations ask more broadly about “investigations” or “matters involving transport authorities.” The answer to these questions depends on the precise wording of the declaration. We advise clients on how to approach employer disclosure questions as part of our service, both before and after a settlement is reached.
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Written and approved by Shella Makwana, Criminal Defence Solicitor | 25+ years experience | Makwana Solicitors
