When accused of fare evasion, the most common fear is: “Will this give me a criminal record?” For many people- professionals, students, and visa holders- the answer matters hugely. A criminal conviction can affect your job, your studies, and even your right to remain in the UK.

This guide sets out clearly when fare evasion leads to a criminal record, how long such records last, how they affect employment and visas, and- most importantly- how to avoid conviction in the first place.

At Manak Solicitors, our fare evasion specialist Samir Moftah has represented thousands of clients across the UK. In the vast majority of cases, he has successfully secured out-of-court settlements, preventing clients from ever receiving a criminal record.

A criminal record arises only if:

• You plead guilty in court.

• You are found guilty after trial.

• You are convicted in absence (e.g. via the Single Justice Procedure if you fail to respond to letters).

If the case is resolved out of court, no conviction is recorded and no criminal record arises.

1. Regulation of Railways Act 1889, Section 5(3)

• Used when there is intent to avoid paying.

• Always treated as a criminal offence.

• Convictions under this Act always create a criminal record.

• Penalties can include fines up to £1,000, plus costs and surcharges.

2. Railway Byelaws

• Cover strict liability offences (no intent required).

• Convictions are still criminal but usually considered less serious.

• Typically punished with a fine.

• Do not usually appear on a standard DBS check but can appear on an enhanced DBS check.

The Rehabilitation of Offenders Act 1974 governs how long convictions remain “unspent.”

• Fines: Usually become spent after 12 months.

• Conditional discharges: Spent at the end of the discharge period.

• Custodial sentences (rare for fare evasion): Last longer, depending on length.

DBS checks and disclosure

• Basic DBS: Shows only unspent convictions.

• Standard DBS: Shows spent and unspent convictions, cautions, reprimands and warnings.

• Enhanced DBS: Shows everything, including Byelaw convictions that may not appear elsewhere.

Employment

A conviction can:

• Prevent you from applying for roles requiring DBS checks.

• Jeopardise existing positions in regulated industries such as law, finance, education or healthcare.

• Trigger disciplinary proceedings with your employer.

Visas and immigration

A criminal record can:

• Affect visa renewals, permanent residence, or citizenship applications.

• Complicate international travel — some countries (e.g. USA) require disclosure of even minor convictions.

Professional memberships

Many regulatory bodies require disclosure, even of spent convictions:

• SRA (Solicitors Regulation Authority)

• GMC (General Medical Council)

• NMC (Nursing & Midwifery Council)

• Civil Service regulators

Students

University placements, especially in medicine, law, or education, often require enhanced DBS checks. A conviction can derail career prospects before they begin.

• Medical student with TfL prosecution: Faced automatic disclosure on enhanced DBS. Early intervention secured a settlement, preserving their career.

• Financial professional with Southeastern case: Risked losing FCA-authorised role. Negotiated settlement avoided criminal record.

• Overseas student with repeated fare evasion: Facing immigration concerns. Settlement prevented lasting damage to visa status.

• Do not reply to letters without advice: Admissions are often used against you.

• Act quickly: Early negotiation gives the best chance of settlement.

• Use specialist solicitors: Operators treat represented cases more seriously and are more open to settlement.

• If convicted in absence: Apply for a statutory declaration to set aside the conviction and reopen settlement opportunities.

“Byelaw offences aren’t criminal.”

❌ False. They are criminal, though consequences can be less severe.

“Once spent, I never need to declare it.”

❌ False. Regulated professions and visas often require disclosure even of spent convictions.

“It won’t show up on DBS.”

❌ Dangerous assumption — enhanced checks can reveal Byelaw convictions.

Fare evasion is not “just a fine.” A conviction can leave you with a criminal record, affecting your future in ways you may not expect.

The safest outcome is to avoid conviction entirely through early intervention and skilled legal negotiation. At Manak Solicitors, we have the expertise, experience and relationships to make this possible in the vast majority of cases.

Call Samir Moftah today on 07731 868 916 or 01689 870 769

Email: info@manaksolicitors.co.uk

Don’t wait until it’s too late — a criminal record is avoidable.