Volusia County Arrest Records

In Volusia County, law enforcement officers can exercise their statutory authority to make an arrest when there is probable cause to believe a misdemeanor or felony has been committed. In Florida, a police officer can lawfully arrest without a warrant when a felony or misdemeanor, as defined in the criminal laws of the state, is committed in their presence (Fla. Stat. § 901.01). 

When a person is arrested, they are most likely handcuffed, placed in the back of a police vehicle, and transported to a police station. During initial detention, the suspect will be questioned to gather evidence to establish probable cause further. If the arresting officer or agency determines there is no probable cause to detain the suspect, the person may be released without any charges filed. 

However, if there is probable cause, the suspect will be booked into the Volusia County Branch Jail. Booking a suspect/arrestee involves taking their photograph and fingerprints and collecting their personal information. At this point, law enforcement officials generate an arrest record. If a state prosecutor subsequently charges the accused, an arraignment is set, and the pre-trial process begins. At this stage, the court clerk creates an official Volusia County court record. 

The Volusia County Sheriff’s Office and municipal Police Departments file and maintain Volusia County arrest records. Likewise, the county clerk of the circuit court prepares, files, and maintains Volusia County court records.

Are Arrest Records Public in Volusia County?

Yes. Per Chapter 119 of Florida Statutes, also known as the Florida Sunshine Law, all records of arrest generated by state, county, or municipal law enforcement agencies should be available for inspection and copying by the average individual. All law enforcement agencies in Volusia County must record and provide a medium for access to electronic records.

Likewise, Article 1, section 24 of the Florida Constitution establishes the right of every person to have reasonable access to public records created, received, and filed by a government body, staff, or entities acting on the government's behalf.

Information contained in an arrest record may be restricted from public disclosure by an order of the court, the state constitution, or federal or state statutes. This is often done to protect sensitive information, witnesses, and other vulnerable parties, prevent interference with criminal investigations, and ensure the right to a fair hearing to preserve the sanctity of the judiciary. Under Fla. Stat. § 119.071, these exemptions include:

• Where an alleged victim elects not to file a complaint and requests that records of a complaint remain undisclosed
• Information that may reveal the identity of a victim of child abuse or a person below 18 who is a victim of human trafficking
• Information that may reveal the identity of a victim of any sexual offense or any media evidence of the body of the victim.
• Information on juvenile offenders.

What Do Public Arrest Records Contain?

Public arrest records typically contain the information outlined below.

• Arrestee's name, aliases (if any), date of birth, and age.
• Physical description: gender, race, ethnicity, height, weight, eye and hair color, scars and tattoos (if any).
• Mugshot
• The date, time, and location of arrest.
• Charges
• Previous arrests and outstanding warrants
• The name of the arresting officer/agency
• Booking ID, time, date, and location
• Bond information.

Volusia County Crime Rate

The most recent and comprehensive crime statistics published by The Florida Department of Law Enforcement are the 2021 Annual Summary Uniform Crime Reports. The crime rate in Volusia County is 1,724 per 100,000 people. The county's population in that year was 563,286. Compared to 2020, the crime rate in Volusia County declined by 13.2 %.

According to the 2021 Uniform Crime Report, the most reported offenses were property crimes. The total crime index for the year 2021 was 9,711, which was 11.4% less than the previous year. Of the total number of reported offenses, the most prevalent crimes were larceny (60%; 5,864), aggravated assault (17%; 1,660), burglary (11%; 1,084), and motor vehicle theft (7%; 664).

Volusia County Arrest Statistics

The Florida Department of Law Enforcement also compiles arrest information from the Volusia County Sheriff’s Office, county police departments, and other law enforcement agencies in respective municipalities within the County.

According to the FDLE Uniform Crime Report for 2021, law enforcement in Volusia County made 21,254 arrests. Adults accounted for 20,513 arrests and 741 were juveniles. 1221 arrests were on grounds of aggravated assault, 1,173 arrests were on charges for larceny, 563 were arrests of suspected burglars, and 149 arrests were for motor vehicle theft.

Find Volusia County Arrest Records

Volusia County has a County Sheriff’s Office and 13 police departments responsible for keeping the peace in the jurisdiction. These local law enforcement agencies have the statutory power to make arrests with or without a warrant (Section 901.15, Florida Statutes).

To find records of arrests in Volusia County, visit the records unit of the police department that made the arrest. In line with the Florida Sunshine Law, the Volusia County Sheriff’s Office is required to make its records available for inspection and copying upon request. This information is available online via the Sheriff’s arrest log. Interested persons can also visit the Sheriff’s office to request arrest records or send written correspondence (mail).

Volusia Sheriff’s Office
123 W. Indiana Avenue
DeLand, FL 32720
P.O. Box 569
DeLand, FL 32721-0569
Phone: (386) 736-5961
Fax: (386) 822-5068

Mailing Address Attn: Records Section
P.O. Box 569
DeLand, FL 32720

Alternatively, individuals may retrieve inmate information from the Volusia County Branch Jail (VCBJ). The majority of inmates in the VCBJ are those awaiting trial. Booking information may be obtained by contacting the Branch Jail booking office at (386) 254-1555.

Free Arrest Record Search in Volusia County

Volusia County residents can perform free arrest record searches through the Clerk of the Circuit Court. The Circuit Court Clerk obtains arrest information from correctional facilities and jails in the county and then makes them available online. The Arrest/Booking Criminal Information site contains information on recently arrested persons in Volusia County. These records are free and available to all members of the public.

Additionally, individuals may walk into the Volusia County Sheriff’s Office to inspect copies of arrest records. While this may be free, the office charges a fee for producing copies of a record. Also, not all arrest records may be available for inspection, as confidential or sensitive records may be redacted or restricted from public disclosure.

Alternatively, researchers can find free arrest information on third-party aggregate search sites. Third-party sites are not state-owned and may be more convenient for a researcher. With such tools, a researcher can find arrest records by name, age, date of birth, or county of arrest.

Get Volusia County Criminal Records

A criminal record is an official document kept by law enforcement agencies, the State Department of Public Safety, or the county clerk to track an individual’s involvement with the criminal justice system. It is also commonly referred to as criminal history or rap sheet. A criminal record may contain arrests, charges, convictions, warrants, sentencing information, paroles, and prison/jail history.

Volusia County criminal records include detailed information on the specific crime a person was charged with, the severity of the offense, the date of the offense, whether they served jail time and where, probation, eligibility for parole, fines, outstanding warrants, etc. In Volusia County, there is no one agency responsible for compiling and disbursing criminal records. It is typically in the custody of the Volusia County Clerk, the County Sheriff, and the Florida Department of Law Enforcement.

The Florida Department of Law Enforcement (FDLE) Division of Criminal Justice Information is the central repository for criminal history information in Florida. Interested persons can perform a comprehensive national or state-wide criminal history search for $24. The FDLE presents users with an option to receive results immediately via email or get a certified copy of criminal records by standard US mail. The $24 search fee is charged per request and must be paid by credit or debit card.

At the local level, individuals can request copies of criminal case records from the Volusia County Clerk of the Circuit Court. Though it is not a comprehensive criminal history check, Volusia County criminal case records are a good place to begin a criminal history search. Researchers can find case information like the full name of the defendants, offense(s), bail information, convictions, appeals, parole dates, transcripts, and audio recordings of criminal case trials.

Volusia County Arrest Records Vs. Criminal Records

There is a considerable distinction between Volusia County arrest records and criminal records. Arrest records simply document a suspect's interaction with law enforcement officers. An arrest occurs when a person is handcuffed and taken into custody by police officers with reasonable cause or belief that they have committed a crime. It is not an indication of guilt, and it is not always sufficient to sustain a charge.

Criminal records, however, come into existence when a person has gone through the criminal justice system. This is when an individual has been legally charged with an offense and has faced trial. Criminal records include details about the arrest, criminal case trial, appeals, conviction, and sentencing.

How Long Do Arrests Stay on Your Record?

In Florida, an arrest stays on your record forever, whether it was a felony or a misdemeanor. Even if the charges are dropped or the person in question is found not guilty, information about their arrest will show up during a background or criminal history search. However, individuals can apply for an expungement or sealing order to remove an arrest from their record in Volusia or Florida.

Expunge Volusia County Arrest Records

Any person arrested for a felony or misdemeanor in Volusia County may petition the court to have their arrest records expunged if they satisfy the criteria for eligibility under Section 943.0585 or 943.0581 of Florida Statutes.

A person may be eligible to petition a court for an arrest record where:

• Following an arrest, no charges or indictments were filed
• All indictments or charges were dismissed or the prosecutor issued a nolle prosequi
• The jury or judge found the defendant not guilty of a criminal offense or was a juvenile offender
• The defendant received a guilty verdict for an act of juvenile delinquency.

According to the rule in section 943.0581, in cases of wrongful arrest, where a minor or an adult has been determined by a law enforcement agency or a court of competent jurisdiction to have been arrested contrary to law or by mistake, the arresting agency shall apply to the Florida Department of Law Enforcement for administration expunction of nonjudicial records of arrest. The adult or the legal guardians of the minor may also apply directly to the FDLE, provided that their application is endorsed by the head of the arresting agency or the state attorney of the judicial circuit where the arrest occurred.

How to File for Arrest Record Expungement in Volusia County

Before one can obtain a court order for expungement or sealing a record, they must apply to the FDLE for a Certificate of Eligibility to seal or expunge their record. The department shall only issue a certificate where the applicant:

• Meets all requirements in paragraph section 983.05851(a)-(h),
• Submits a certified written statement from the state attorney or prosecutor that confirms that the record is eligible as stated in the statute.
• Submits a certified copy of the disposition to the charge on the record to be expunged
• Pays the $75 processing fee.

All petitions to expunge an arrest record must include a valid certificate of eligibility from the FDLE, the petitioner’s affidavit that they satisfy the requirements in paragraph section 983.05851(a)-(h), and is eligible for expunction to the best of their knowledge, and does not have any pending petitions to seal or expunge a previous criminal history record before any pending court.

Volusia County Arrest Warrants

An arrest warrant is a writ issued by a magistrate or judge to a police officer or a state, county, or municipal law enforcement officer authorizing them to take an individual into custody.

The court may issue an arrest warrant when a complaint and a supporting affidavit have been filed alleging that the party named in the complaint has committed or is committing a criminal offense. Then, a judge shall examine the complaint and evidence submitted; if the judge is satisfied that there is probable cause to issue an arrest warrant, the judge will issue a warrant signed in their name and office. The offense must have been committed within the jurisdiction of the court (section 901.02, Florida Statutes).

An arrest warrant shall contain the nature of the offense, the name of the person to be arrested, an order that the suspect is to be arrested and brought before a judge, the date, time, and county the warrant was issued, the signature and title of the office of the judge or other person authorized by law to administer oaths, bail amount and conditions of release (Fla. R. Crim. P. 3.121).

Volusia County Arrest Warrant Search

Curious persons can find warrant information online at the Florida Crime Information Center, Wanted Persons Search. It is a public database that hosts warrant information throughout the state of Florida. Interested persons may search by the suspect’s name and filter by race, sex, date of birth, or rage.

The search result will also include the aliases of the defendant, offense, reporting agency, date of warrant, height, weight, hair and eye color, scars, marks, tattoo, occupation of the defendant, and his last known address. Warrants contain super detailed information to make the subject easily identifiable. Alternatively, visit the Volusia County Sheriff’s Office or a police department with a valid ID to find active warrants.

Do Volusia County Arrest Warrants Expire?

No. Arrest warrants issued in Volusia County are active and outstanding until the subject surrenders or is arrested by officers of the law. Even then, the warrant is said to have been “executed” and not expired. It is also possible to settle or contest an arrest warrant. In some cases, especially for bench warrants, the person can hire an attorney to advise them and negotiate a plea deal with the prosecutor. A warrant may be challenged for lack of probable cause and improper execution.