How long does a criminal record for fare evasion last?

Failing to pay your train fare may seem like a relatively minor issue – it’s breaking the rules, certainly, but nothing to worry too much about. Or so you might think. In fact, fare evasion can have a significant impact on your life.

Fare evasion is a summary offence that can result in a criminal conviction. If you are convicted of fare evasion, you may face a substantial fine or even, in extreme cases, a prison sentence. But that’s not all – you will also have a criminal record, which has the potential to hinder your career prospects, disrupt your relationships and damage your reputation. You may therefore be wondering ‘how long does a criminal record for fare evasion last?’

However, given this potential impact, it’s important to be certain that your conviction for fare evasion was lawful. As we’ll explain below, a recent scandal has revealed that as many as 75,000 people have been wrongfully convicted of fare evasion in recent years. If you are one of these people, your conviction may be overturned and you may even be entitled to compensation.

Read on below to find out more.

An image of a grey, green and yellow train driving down a rusty train track against a blue sky.

What is fare evasion?

Fare evasion refers to any situation in which you travel on public transport without a valid ticket. This can include:

Boarding a train without a ticket
Travelling further than your ticket permits
Using a ticket that is no longer valid
Travelling in a class of accommodation you did not pay for

However, there are some specific cases in which this may not constitute fare evasion – for instance, if the train station ticket machine is not working and the ticket office is closed.

While you can buy a ticket on the train in these cases, it’s important to show that you did try to buy a ticket but were unable to do so. It’s also important to take pains to pay for a ticket at the earliest opportunity, or it may be supposed that you were intending to avoid paying the fare.

The specific requirements when it comes to paying for your rail journey can be found in the National Rail Conditions of Travel.

What are the consequences of fare evasion?

For train travel, in particular, fare evasion is considered a violation of the Regulation of Railways Act 1889. This states that fare evasion is a summary offence, which means that it can be tried in a magistrate’s court.

According to the Act, those convicted of fare evasion may face a fine of up to £1000 or up to three months’ imprisonment. Needless to say, these are significant punishments and, with this in mind, the risks posed by fare evasion should not be taken lightly.

As we’ll explain below, these immediate punishments aren’t the only impact that a conviction for fare evasion could have. You will also have a criminal record, which can significantly impact your life for a prolonged period.

Of course, not all instances of fare evasion will result in a criminal conviction. It will depend on various factors, including the size of the fare and the efforts made to avoid paying.

An image of a train station at night with a train travelling at speed through it.

How long does a criminal record for fare evasion last?

If you are convicted of fare evasion under Regulation of Railways Act 1889, this conviction will appear on standard or enhanced DBS checks for up to 11 years. The conviction will also be stored on the Police National Computer until you are 100 years old.

The consequences of this can be far-reaching, impacting everything from your career prospects and your financial wellbeing to your personal relationships.

Certain professions, such as those in healthcare, education, or childcare, require enhanced DBS checks. A criminal record, even for a seemingly minor offence like fare evasion, could prevent you from pursuing these careers or obtaining necessary licences.

Additionally, having a criminal record may affect applications for visas or travel to certain countries, as some immigration authorities impose restrictions on individuals with criminal convictions.

Was your fare evasion conviction unlawful?

If you have been convicted of fare evasion, you may understandably be concerned about its ongoing impact on your life. However, it’s important to be aware that a significant number of convictions for fare evasion in recent years have recently been ruled unlawful.

In June 2024, the train fare evasion prosecution scandal came to light thanks to reporting by the Evening Standard. It was revealed that as many as 75,000 prosecutions for train fare evasion had used the single justice procedure (SJP), a special process for fast-tracking the prosecution of minor crimes.

However, the SJP can only be used to prosecute crimes that cannot result in a prison sentence. As we’ve established above, this does not apply to the Regulation of Railways Act 1889, which does allow for a prison sentence of up to three months. This means that the SJP was used improperly, and that the convictions obtained in this way are likely not lawful.

As a result of this controversy, Chief Magistrate Paul Goldspring ruled on six “test cases” in August, which he declared to be void. HM Courts and Tribunals Service (HMCTS) is now actively reviewing similar cases and reaching out to those affected.

With this in mind, if you have been convicted of rail fare evasion using the SJP, there is strong reason to think that your conviction will be overturned. And this won’t just help ensure your future isn’t negatively affected by a criminal record – it may also entitle you to compensation for the unlawful prosecution you have suffered, as well as associated distress, reimbursement of any fines, Court costs and legal fees you have paid out.

An image of a train station with a train parked up in the background, at the forefront on the platform there is the shadow of a blurred woman walking along the platform

Seeking compensation for your fare evasion prosecution

If you were prosecuted for fare evasion using the SJP, your personal data will have been retained by the prosecuting authority. This may have included your name, your date of birth and your address. Further, this data will also have been stored on the Police National Computer.

However, the police cannot retain your data without a lawful reason. In this case, the justification was your conviction under the Regulation of Railways Act 1889. But if this conviction was unlawful, so too was retaining your data.

Most importantly, the retention of your personal data by the police may have caused you significant damages. For instance, if your employment prospects were affected or if the potential for this exacerbated an existing mental health condition, this may have had a substantially negative effect on your life.

In these cases, it’s important to be aware that you may be able to seek compensation. If the police have unlawfully retained your data, you can pursue a civil action against the police to help you recover from any damages you’ve suffered and secure the financial support you need to move on with your life.

HNK Solicitors can support your unlawful retention of data claim

A criminal record for fare evasion can last up to 11 years and lead to a significant negative impact on your life, from financial losses to emotional distress and reputational damage. But if your conviction was unlawful, then you may be able to seek compensation through an unlawful retention of data claim.

Here at HNK Solicitors, we specialise in helping people seek compensation for unlawful retention of data. Our expert team of action against the police solicitors can provide in-depth legal knowledge and tailored support to ensure you get the outcome you deserve.

So, if you have been convicted of fare evasion using the SJP, get in touch today. We offer free consultations to discuss your case, with no obligation to pursue a claim. If we do think you are entitled to compensation, we can offer to take up your claim on a no-win, no-fee basis.

Call us on 0151 668 0809, or email us at enquiries@hnksolicitors.com to get started.