Nevada hearing considers expanding automatic sealing of eviction records

CARSON CITY — The Assembly Judiciary Committee heard testimony on Assembly Bill 201 on Feb. 25, a bill that would expand the circumstances under which eviction court records are automatically sealed.

Assemblymember Erica Roth, the bill—s sponsor, told the committee the proposal aims to reduce barriers to housing posed by eviction records and would create new pathways for sealing files so tenants can more easily secure rental housing and employment. "These records can negatively impact credit scores, making it difficult to secure rental housing, employment, and even access to loans," Roth said.

The bill presented three principal changes. Jonathan Norman of the Nevada Coalition of Legal Service Providers summarized them for the committee: (1) create a process where, if a tenant files a motion to seal and the landlord does not oppose within a set response period, the court shall grant sealing; (2) require sealing when a tenant successfully prevails on appeal in district court; and (3) create a presumption that sealing is in the interest of justice if the eviction is more than one year old. "If we think about this bill, we're doing three things," Norman said, adding that the sponsor expected to offer narrower drafting changes in the coming days to address stakeholder concerns.

Nicholas (Nick) Haley, an attorney with the Legal Aid Center of Southern Nevada, described the current Nevada practice as having four categories under which evictions may be sealed: automatic sealing for dismissals or denials, sealing by stipulation of parties, and sealing after a balancing-of-interests determination by a judge. He explained that the bill would add a default sealing when landlords are served but do not participate and would clarify sealing after successful district court appeals. "This is a circumstance that arises frequently where tenants and landlords change hands frequently," Haley said. He also noted the bill would create a presumption in favor of sealing for records more than one year old.

Supporters from tenant-advocacy organizations, labor unions and survivors— groups testified in favor. Ben Iness of the Nevada Housing Justice Alliance and Riley Svenson of the Nevada Coalition to End Domestic and Sexual Violence described court-watching and client experiences showing short hearings and long-lasting consequences for tenants. "In a matter of minutes, cataclysmic effects on tenants' lives" can result, Iness said, referencing a 2024 court-watching program that observed hundreds of hearings. Multiple testimony givers said eviction files typically remain on record for six years under current practice, and proponents argued that sealing after a year would help families rebuild.

Opponents raised concerns about removing judicial discretion and public-access implications. Azim Jessa, legislative chair for the Nevada Realtors, urged preserving judicial discretion to weigh public safety concerns and landlords' interests, saying the one-year presumption as written could eliminate that balancing. Alex Falcone, representing the Nevada Open Government Coalition and Nevada Press Association, argued that automatic sealing statutes can raise First Amendment issues by limiting public access to court records and suggested narrowing any automatic sealing to redact tenants' identities rather than seal entire files.

Committee members asked detail-oriented questions about operation of the proposal, including how landlords would be served and the timeline for response. Norman and Haley said the motion would be filed into the open case with e-service and mailed notice and that they were considering a seven-judicial-day response window to avoid unnecessary hearings and use of judicial resources.

No committee vote on AB201 was recorded during the hearing; the sponsor and stakeholders indicated further drafting and amendments were expected in the coming days.

Ending: Committee staff closed the AB201 hearing after taking support, opposition and neutral testimony and indicated the sponsor planned to continue working with stakeholders on technical refinements.