Prepares and maintains the records of Court Felony, Misdemeanor, and Traffic Citations
Overview
Criminal Court departments are located in various Clerks’ Offices throughout
Volusia County. The location
of the court proceeding is generally based on the location where the offense occurred.
The court notice contains
the court location and the name of the judge assigned to the case.
Criminal case files are available to the public for viewing unless the case has
been sealed or expunged by order
of the court. A court file that has been sealed requires a court order to unseal
the file prior to viewing contents.
Customers may purchase copies of documents from a criminal case file. Our office
charges a fee of $1.00 per page
copied. If the requested copy is to be certified, an additional $2.00 will be charged.
Payment Options for Court Costs
Please see the different payment options available
here.
Criminal Payment Plans (Misdemeanor or Felony Cases)
The Volusia County Clerk's Office offers payment plans on criminal cases.
Criminal Payment Plans can be set up at one of our Criminal Clerk Offices or online.
Please click here to apply for a payment plan for unpaid court costs.
Felony Cases (Circuit Court)
The Clerk’s Office can not reschedule a court date for felony cases. A defendant
may wish to contact
their attorney, or if they do not have an attorney, the Public Defender's Office
in Daytona Beach or in DeLand. If a defendant fails to appear for a scheduled court
date, the judge may issue
a capias or bench warrant for their arrest. The Clerk’s Office cannot give
out any capias or bench warrant
information. To obtain capias or bench warrant information you will need to contact
the Volusia County
Sheriff’s Office.
Misdemeanor Cases (County Court)
The Clerk’s Office may reschedule a court date for misdemeanor cases depending
on the practice of the
presiding judge in the case. To determine if a case can be rescheduled, the defendant
must contact one of the
misdemeanor offices. Payable offenses should be paid prior to the court date to
ensure the defendant’s
presence is not required. If a defendant fails to appear for a scheduled court date
the judge may issue a capias
or bench warrant for defendant's arrest
Traffic Citations (County Court)
Failure to pay a traffic citation within the allotted time will cause the suspension
of the offender's driver's
license. To contest a citation the violator must submit a written request for a
court date to the Clerk's Office
within 30 days from receiving the citation.
Current Mailing Addresses
It is the responsibility of the defendant and/or violator to notify the Clerk’s
Office of any mailing address
change. This may be done in person at any one of our Clerk’s Office locations.
An address change will be
accepted by mail provided that the case and/or citation number is included for proper
filing. You may use the
Notification of Address
Change form.
Collections
Any amount of Fines, Fees or Costs assessed by the court that remains unpaid after
90 days will be turned over to a
collection agency pursuant to Florida Statute 28.246 and 938.29. Collection agencies
may add up to 40% for their
services. Contact the agency assigned to your case to determine the full amount
due. Partial payments are accepted.
If your driver license is suspended and your case was assigned to a collection agency,
you must pay the full
amount due to the collection agency before you can reinstate your driving privilege.
Click here to obtain
collection agency contact information and hours of operation.
Cash Bond Depositor Change of Address
If you are the Cash Bond Depositor for a criminal case and have a name change or
a change of address, you must
provide the Clerk’s Office with your new name or address in writing by using
the
Notification
of Name/Address Change form.
You will need to include the case number in your request and the request must be
notarized.
Subpoenas
A person who has received a subpoena to appear in court will need to contact the
party who subpoenaed them. The
State Attorney’s Office has a witness management office that provides direction
to prospective witnesses.
Their telephone numbers are listed at the bottom of the subpoena.
Sealing/Expunging Court Files
The Florida Department of Law Enforcement (FDLE) is the state agency responsible
for determining the eligibility of applicants who request to have their cases sealed
or expunged. A packet complete with detailed instructions as to the regulations
governing the sealing and expungement of court files is available to download from
The Florida Department of Law
Enforcement. You should refer to the
FDLE website for all processing instructions and if you have questions the contact
number for FDLE is 850-410-7870.
As part of the completion process to obtain a Certificate of Eligibility from FDLE
you will also need a certified copy of the final disposition of your case. You can
obtain certified copies of the final disposition on the case(s) from the Clerk’s
Office. Copy fees are $1.00 per page and $2.00 for each document to be certified.
Once you receive the Certificate of Eligibility from FDLE complete the Petition
to Seal or Expunge, Sworn Statement and the appropriate proposed order.
You may obtain these forms from the links below.
Upon completion you will file your Petition to Seal or Expunge, sworn statement
and the appropriate proposed order and the original FDLE
Certificate of Eligibility with the Clerk's Office. You must pay the filing fee
of $42 before your case will be processed.
In addition if you want copy(s) of the order you must pay $1.00 per page and $2.00
for each order to be certified at the
time you are filing your paperwork.
Record Searches
The Clerk’s Office Records are available online from our
website
then choose "Case Inquiry" for criminal records or "Citation Inquiry" for Traffic.
This information may also be
obtained at no charge by using one of our public access terminals located in any
of our offices.
The Clerk’s Office performs record searches upon request. There is a fee of $2.00
per year, per name searched. Copies
of our records are $1.00 per page and if you need them certified the fee is $2.00
per document. To request your search
you must provide our office with detailed information so we may comply. The following
link will take you to a form
titled CRIMINAL
TRAFFIC COPY/RECORD SEARCH REQUEST.
The completed form can be mailed, delivered in person, faxed to (386)740-5175 or
the preferred method emailed to
dispositionrequests@clerk.org.
We will notify you at the phone number provided to make payment arrangements for
your request.