AB 201 — Revises provisions relating to the sealing of certain records. (BDR 3-843)

(ReprintedAssembly withBill amendmentsNo. adopted on April 21, 2025) FIRST REPRINT A.B.

201201–Assemblymember ARoth SSEMBLYCHAPTER.......... BILL N O.

201–A SSEMBLYMEMBER ROTH PREFILED FEBRUARY 3, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to the sealing of certain records.

(BDR 3-843) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law provides for the automatic sealing of certain eviction case court billfiles expandsrelating the circumstances under which an eviction case court file related to an action for summary evictioneviction. is sealed automatically by providing for the automatic sealing of any such file:

(NRS 40.2545) Section 1 of this bill expands the circumstances under which an eviction case court file related to an sealing of any such file:

Existing law authorizes a court to seal an eviction case court file under certain circumstances, including, without limitation, upon motion by the tenant, if the court finds that sealing the eviction case court file is in the interests of justice and those interests are not outweighed by the public’s interest in knowing about the contents of the eviction case court file.

(NRS 40.2545) Section 1 provides that the filing of a motion to seal an eviction case court file more than 1 year after the date on which the eviction order is entered creates a rebuttable presumption that sealing the eviExistingeviction lawcase authorizescourt anfile occupantis lockedin out of a dwelling by the ownerinterests or an authorized representative of thejustice. owner to recover possession of the dwelling by filing a verified complaint for reentry in justice court.

UnderExisting existinglaw law,authorizes if an occupant fileslocked suchout of a complaint,dwelling by the courtowner isor requiredan toauthorized holdrepresentative aof trialthe and,owner ifto therecover courtpossession findsof that the lockoutdwelling wasby unjustified,filing issue a writverified ofcomplaint restitutionfor toreentry restorein -justice *AB201_R1*court. – 2 – possession of the dwelling to the occupant.

(NRSUnder 40.416)existing Sectionlaw, 1.5 of this bill provides for the automatic sealing of the case court file relating to a verified conditions are met.ry if thean court finds that the lockout was unjustifiedunjustified, andissue certaina THEwrit PEOPLEof OFrestitution THEto STATErestore OFthe NEVADA,court REPRESENTEDpossession INof SENATEthe ANDdwelling ASSEMBLY,to DOthe ENACToccupant. AS FOLLOWS:

(NRS 40.416) Section 1.5 of this bill provides for the automatic sealing of the case court file relating to a verified complaint for reentry if the court finds that the lockout was unjustified and certain conditions are met.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

In addition to the provisions for the automatic sealing of an eviction case court file pursuant to subsection 1, in any action for summary eviction pursuant to NRS 40.253, 40.254 or 40.2542, the eviction- case83rd Session (2025) – 2 – inspection:se court file is sealed automatically and not open to inspection:(a) Upon the entry of a court order which dismisses the action for summary eviction;

(a) Upon the entry of a court order which dismisses the action for summary eviction;

(1) Upholds an order which dismisses an action for summary(2) Upholds an order which denies an action for summary eviction;

(2) Upholds an order which denies an action for summary eviction;

- *AB201_R1* – 3 – (a) Upon the filing of a written stipulation by the landlord and the tenant to set aside the order of eviction and seal the eviction case court file;

(1) The eviction should be set aside pursuant to Rule 60 of the Justice Court Rules of Civil Procedure;

ororrsuant to Rule 60 of (2) Sealing the eviction case court file is in the interests of justice and those interests are not outweighed by the public’s interest in knowing about the contents of the eviction case court file, after considering, without limitation, the following factors:

and (III)- The83rd amountSession of(2025) time– that3 has– elapsed between the granting of the order of eviction and the filing of the motion to seal the eviction case court file.

(a) Apply to a notice to surrender which has been filed with a court and which is part of an eviction case court file that has not been sealed pursuant to this section.

and - *AB201_R1* – 4 – (2) Ending on the date on which the Governor terminates the emergency described in the Declaration [May 20, 2022].

(b) “Eviction case court file” means all records relating to an action for summary eviction which are maintained by the court, including, without limitation, records maintained by a justice court or district court, the affidavit of complaint and any other pleadings, proof of service, findings of the court, any order made on motion as provided in Nevada Rules of Civil Procedure, Justice Court Rules of Civil Procedure , District Court Rules and local rules of practice and all other papers, records, proceedings and evidence, including exhibits and transcript of the testimony.

Sec.- 83rd Session (2025) – 4 – 40.416.5.

1.5.1.

NRSIf 40.416the isowner herebyof amendeda todwelling reador asan follows:authorizeds:

40.416representative 1.of the owner locks an occupant out of the dwelling pursuant to NRS 40.412, the occupant may recover possession of the dwelling as provided in this section.

If the owner of a dwelling or an authorized representative of the owner locks an occupant out of the dwelling pursuant to NRS 40.412, the occupant may recover possession of the dwelling as provided in this section.

If the court finds that an unjustified lockout has occurred, the(a) Issue a writ of restitution, restoring possession of the courtdwelling [mustto issue]the shall:occupant [.] ;

(a) Issue a writ of restitution, restoring possession of the dwelling to the occupant [.] ;

If the owner of the dwelling or the person on whom a writ of restitution is served fails to immediately comply with the writ or later disobeys the writ, the failure is grounds for contempt of court against the owner or the person on whom the writ was served, under chaptercha7. 22 of NRS.

- *AB201_R1* – 5 – 7.