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

Existing law provides for the automatic sealing of certain eviction case court files relating to an action for summary eviction. (NRS 40.2545) Section 1 of this bill expands the circumstances under which an eviction case court file related to an action for summary eviction is sealed automatically by providing for the automatic sealing of any such file: (1) upon motion of the tenant, if the landlord does not file a timely response opposing the motion; or (2) if an appeal taken by a party to the action is resolved in certain ways. 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 eviction case court file is in the interests of justice. Existing law authorizes an occupant locked out of a dwelling by the owner or an authorized representative of the owner to recover possession of the dwelling by filing a verified complaint for reentry in justice court. Under existing law, if an occupant files such a complaint, the court is required to hold a trial and, if the court finds that the lockout was unjustified, issue a writ of restitution to restore possession of the dwelling to the occupant. (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.