Nevada Revised Statutes 247.545 – Additional circumstances in which certain persons may petition to have personal information maintained by county recorder kept confidential
1. Any person who is not otherwise described in NRS 247.540 or a representative of a governmental agency, on behalf of a person who is an employee of the governmental agency and is not otherwise described in NRS 247.540, may petition a district court to have personal information of the person that is contained in the records of a county recorder be maintained in a confidential manner. Any such petition must be based on a sworn affidavit which:
Terms Used In Nevada Revised Statutes 247.545
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- county: includes Carson City. See Nevada Revised Statutes 0.033
- document: means a written instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing, without regard to:
(a) The form in which the document is received by a county recorder;
(b) The method used to transmit the document to a county recorder; or
(c) The method used by a county recorder to store, access or retrieve the document. See Nevada Revised Statutes 247.005
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
(a) Sets forth sufficient justification for the request for confidentiality, including, without limitation:
(1) Evidence of the existence of a threat to the petitioner or the spouse, domestic partner or minor child of the petitioner and that such threat is mitigated by making the personal information contained in the records of the county recorder confidential; or
(2) Evidence that a threat has existed within the last 5 years to a person who holds a similar position as the petitioner and that such threat was mitigated by making the personal information contained in the records of the county recorder confidential; and
(b) Sets forth the document numbers of all records of the county recorder that contain confidential information.
2. A petition filed pursuant to this section must be filed under seal and no filing fee may be charged.
3. The district court may order the personal information of the petitioner contained in the records of the county recorder to be confidential if, based on a preponderance of the evidence, the court finds:
(a) The existence of a threat to the petitioner or the spouse, domestic partner or minor child of the petitioner and that such threat is mitigated by making the personal information contained in the records of the county recorder confidential.
(b) That a threat has existed within the last 5 years to a person who holds a similar position as the petitioner and that such threat was mitigated by making the personal information contained in the records of the county recorder confidential.
4. Any order of a court requiring the personal information of a person contained in the records of the county recorder be maintained in a confidential manner pursuant to this section:
(a) Is sufficient for the person to request that any personal information set forth in a document that is filed with the county recorder subsequent to the court order be maintained in a confidential manner.
(b) Expires 5 years after the date of the order. The county recorder must notify the person at least 6 months before the expiration of the order. The person may submit a request to the district court to extend the order. Any such extension expires 5 years after the date of the extension.
5. Upon receipt of an order obtained pursuant to this section, the county recorder shall keep such information confidential and shall not:
(a) Disclose the confidential information to anyone, unless disclosure is specifically authorized in writing by that person or entity; or
(b) Post the confidential information on the Internet or its successor, if any, or make the information available to others in any other way.
6. As used in this section, ‘personal information’ means:
(a) The home address of a person;
(b) The home address of the spouse, domestic partner or minor child of a person; and
(c) Any telephone number or electronic mail address of a person.