One of the most common questions we receive is whether a fare evasion conviction will show up on a DBS check. The answer depends on the type of check, how long ago the conviction occurred and the nature of the offence.
The three types of DBS check A basic DBS check discloses only unspent convictions and cautions. A standard DBS check discloses both spent and unspent convictions and cautions subject to filtering rules. An enhanced DBS check covers the same as a standard check but also includes any additional information held by local police that is considered relevant.
When does a fare evasion conviction become spent? Under the Rehabilitation of Offenders Act 1974 as amended by the Police, Crime, Sentencing and Courts Act 2022 the rehabilitation period depends on the sentence received. A conditional discharge becomes spent immediately upon expiry of the discharge period. A fine becomes spent one year after the date of conviction and a community order becomes spent one year after the order ends.
What is filtering? Filtering is a process by which certain old or minor convictions are automatically removed from standard and enhanced DBS disclosures. A conviction for fare evasion resulting in a fine may become filtered after a sufficient period of time provided there are no other convictions on record. The filtering rules are complex and depend on the individual’s full conviction history.
What about enhanced DBS checks for sensitive roles? For roles involving children or vulnerable adults enhanced DBS checks are required and filtering rules are more limited. Chief Police Officers also have discretion to disclose additional information outside the formal conviction record where they believe it is relevant though this is used sparingly.
The bottom line A fare evasion conviction can affect DBS checks for a number of years and in some roles indefinitely. The best way to protect your DBS record is to avoid a conviction in the first place.
Worried About Your DBS Record? Instruct Samir Moftah Today. Samir Moftah at Manak Solicitors regularly acts for clients whose DBS record is at risk from fare evasion proceedings. Avoiding a conviction entirely is almost always possible with early legal intervention and it is always better than trying to manage the disclosure consequences of a conviction afterwards. Contact Samir today for a free 15 minute initial discussion where he will set out exactly how he can help with your case. 01689 870769 07731 868916 litigation@manaksolicitors.co.uk
