Prepares and maintains the records of Court Felony, Misdemeanor, and Traffic Citations
Overview
Criminal Court departments are located in various Clerks’ Offices throughoutVolusia 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 hasbeen sealed or expunged by order of the court. A court file that has been sealed requires a court order to unsealthe file prior to viewing contents.
Customers may purchase copies of documents from a criminal case file. Our officecharges 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 defendantmay wish to contact their attorney, or if they do not have an attorney, the Public Defender's Officein Daytona Beach or in DeLand. If a defendant fails to appear for a scheduled courtdate, the judge may issue a capias or bench warrant for their arrest. The Clerk’s Office cannot giveout any capias or bench warrant information. To obtain capias or bench warrant information you will need to contactthe Volusia County Sheriff’s Office.
Misdemeanor Cases (County Court)
The Clerk’s Office may reschedule a court date for misdemeanor cases dependingon the practice of the presiding judge in the case. To determine if a case can be rescheduled, the defendantmust contact one of the misdemeanor offices. Payable offenses should be paid prior to the court date toensure the defendant’s presence is not required. If a defendant fails to appear for a scheduled court datethe 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 suspensionof the offender's driver's license. To contest a citation the violator must submit a written request for acourt 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’sOffice 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 properfiling. You may use the Notification of AddressChange form.
Collections
Any amount of Fines, Fees or Costs assessed by the court that remains unpaid after90 days will be turned over to a collection agency pursuant to Florida Statute 28.246 and 938.29. Collection agenciesmay add up to 40% for their services. Contact the agency assigned to your case to determine the full amountdue. 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 obtaincollection 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 ora change of address, you must provide the Clerk’s Office with your new name or address in writing by usingthe Notificationof Name/Address Change form. You will need to include the case number in your request and the request must benotarized.
Subpoenas
A person who has received a subpoena to appear in court will need to contact theparty who subpoenaed them. The State Attorney’s Office has a witness management office that provides directionto 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 responsiblefor determining the eligibility of applicants who request to have their cases sealedor expunged. A packet complete with detailed instructions as to the regulationsgoverning the sealing and expungement of court files is available to download fromThe Florida Department of LawEnforcement. You should refer to theFDLE website for all processing instructions and if you have questions the contactnumber for FDLE is 850-410-7870.
As part of the completion process to obtain a Certificate of Eligibility from FDLEyou will also need a certified copy of the final disposition of your case. You canobtain certified copies of the final disposition on the case(s) from the Clerk’sOffice. 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 Petitionto Seal or Expunge, Sworn Statement and the appropriate proposed order. You may obtain these forms from the links below.
- Petition to Seal orExpunge
- Sworn Statementto Seal or Expunge
- Order to Seal
- Order to Expunge
Upon completion you will file your Petition to Seal or Expunge, sworn statementand the appropriate proposed order and the original FDLE Certificate of Eligibility with the Clerk's Office. You must pay the filing feeof $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 $2.00for 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 anyof our offices.
The Clerk’s Office performs record searches upon request. There is a fee of $2.00per year, per name searched. Copies of our records are $1.00 per page and if you need them certified the fee is $2.00per document. To request your search you must provide our office with detailed information so we may comply. The followinglink 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 orthe preferred method emailed to dispositionrequests@clerk.org.We will notify you at the phone number provided to make payment arrangements foryour request.
