Criminal

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.

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.

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 from The Florida Department of Law Enforcement. Additionally, the Clerk’s Office has a packet available at no charge. The entire process takes about 4 to 6 weeks.

Record Searches

The Clerk’s Office performs record searches upon request. The request should be made in writing or in person to our office. There is a fee of $2.00 per year per name searched. This information may also be obtained at no charge by using one of our public access terminals located in any of our offices.