Are Criminal Records in Volusia County Publicly Accessible?

Yes, criminal records in Volusia County, Florida, are generally considered public records and can be accessed by the public under Florida's Public records law. The Florida Public Records Act (Chapter 119 of the Florida Statutes) ensures that most government records, including criminal records, are open to inspection and copying unless exempted by law. This principle promotes transparency and accountability by allowing public access to criminal records maintained by government agencies like the Volusia County Clerk of Courts, the Volusia County Sheriff's Office, and other state-level entities.

However, not all criminal records are accessible. Certain records may be sealed, expunged, or otherwise restricted by law. Sealed records are removed from public access but remain available to authorized parties such as law enforcement and certain employers. Expunged records are erased entirely and treated as though they never existed. Juvenile records, records related to ongoing Investigations, and those protected by court orders or specific privacy regulations are also not available to the general public.

The types of criminal records typically available to the public in Volusia County include arrest records, court records, warrants, convictions, and sentencing information. Records may be requested directly from the relevant agency in person, by mail or online. However, any request must comply with privacy rules and requirements for accessing sensitive information.

The following records are restricted or unavailable under Florida Law.

• Sealed records: Accessible only by certain authorized individuals such as the record holder or law enforcement.
• Expunged records that are permanently removed from public access.
• Juvenile records that are confidential and require court authorization to access
• Victim information that is protected to ensure privacy and safety.
• Ongoing investigations are withheld to protect the integrity of active investigations.
• Mental health or medical details that may be redacted for confidentiality purposes.

Who is Eligible to Access Volusia County Criminal Records in Florida?

Eligibility for accessing criminal records in Volusia County depends on the type of record and the requester's purpose. The following persons can access these records under certain conditions.

1. The general public can access most criminal records, including arrest records and court proceedings, but they cannot access sealed, expunged, or juvenile records.
2. Law enforcement agencies have full access to all criminal records for investigative purposes.
3. Employers can request criminal background checks for employment purposes but must obtain the consent of the individual whose recording is being checked.
4. Attorneys can access records for legal proceedings but require a court order to access sealed or expunged records.
5. Individuals can access their own criminal records for personal use it correction purposes, although proof of identity is required.

How to Request Criminal Records in Volusia County

To obtain criminal records in Volusia County, follow these steps.

Identify the Appropriate Agency.

• For court-related records: Volusia County Clerk of the Circuit Court and comptroller.
• For arrest or incident records: Volusia County Sheriff's Office.
• For statewide criminal history: Florida Department of Law Enforcement (FDLE)

Choose a Method of Request

• In-person requests: Visit the appropriate agency’s office to file a request.
• By Mail: Send a written request with the required information and fees.
• Online: use the agency's official website or third-party platforms like Floridacourtrecords.us.

Prepare Required Information.

Include the following details in your request:

• Full name of the individual, including aliases.
• Date of birth or other identifying information
• Case number or date of the incident.
• Verify your identity
  • if accessing your own records or restricted records, and provide a valid government-issued ID.
• Pay Applicable Fees
  Fees vary depending on the agency and type of record requested. For example.
• Certified copies of court records may require additional charges.
• Statewide background checks through FDLE cost $24
• Submit Your Request.
  Volusia County Clerk of Circuit Court and Comptroller
  101 N. Alabama Avenue
  Deland, FL 32724
  Phone: (386) 736-5915
  Volusia County Sheriff's Office
  123 W. Indiana Avenue
  Deland, FL 32720
  Phone: (386) 943-7866

What Information is Contained in Volusia County Criminal Records?

Criminal records in Volusia County typically include:

• Full legal name and aliases.
• Date of birth, gender, and other identifying information.
• Arrest history, including dates and locations.
• Criminal charges filed and status.
• Court decisions, sentencing details, and fines.
• Probation or Parole information, including conditions and status.

Redacted or excluded information.

• Juvenile records are protected by and not accessible without court authorization.
• Expunged or sealed records are removed from public view.
• Sensitive information, such as social security numbers and victim details, may be redacted for privacy.

Are There Restrictions on Accessing Criminal Records in Volusia County?

Yes, certain records are restricted in Volusia County. Some of these include:

• Sealed records only accessible by authorized parties like law enforcement and the individual involved.
• Expunged records are completely inaccessible to the public and treated as if they do not exist.
• Juvenile records are confidential and require a court order for access.
• Ongoing investigations protected to ensure the integrity of the investigations.
• Court-ordered restrictions: certain records may be restricted due to privacy or safety concerns.

What Happens if My Request for Criminal Records is Denied in Volusia County?

If your request is denied.

• Review the denial notice to understand the reason.
• File an appeal with the agency that denied the request.
• Seek assistance from legal counsel if necessary.

Volusia County Public Records Appeal Office
101 N. Alabama Avenue
Deland, FL 32724
Phone: (386) 736-5915

How to Expunge or Seal Volusia County Criminal Records

To expunge or seal a criminal record in Volusia County,

• Check eligibility as only certain offenses qualify, such as non-violent misdemeanors or cases where charges were dismissed.
• Submit a formal application to the Volusia County Clerk of Courts.
• Attend a hearing where the judge will decide on your petition
• If approved, the record will be sealed or expunged and removed from public access.