Nevada Administrative Code|Section 239.935 - Sealed records

                                                
 239.935. Sealed records 
 
1. If a governmental entity is required by law or a court of competent jurisdiction to seal a record which is in its legal custody, the governmental entity must make the record accessible only to authorized personnel of the governmental entity, a person possessing a court order authorizing the person to access the record or any other person authorized by law to access the record.
 
2. A governmental entity shall: 
 
(a) Place a sealed record in a place which is not accessible to the general public, such as a filing cabinet or drawer which can be locked; or
 
(b) Send a sealed record to:
 
(1) The records center; or
 
(2) A space or facility that meets the requirements set forth in NAC 239.742.
 
3. If a sealed record is an electronic record, the governmental entity must: 
 
(a) Transfer the sealed record to: 
 
(1) A directory in which the sealed record is protected from unauthorized access;
 
(2) An off-line media format, including, without limitation, a compact disc or tape; or
 
(3) A computer system in which the sealed record is protected from unauthorized access; and
 
(b) Indicate on the sealed record that it has been sealed and may be accessed only by authorized personnel.
 
4. Unless prohibited by law or a court order, a governmental entity may place an image of a sealed record on microfilm or convert the sealed record to an electronic record so that the physical version of the sealed record may be destroyed.
 
5. A governmental entity shall make a notation in its records management program that a record has been sealed. The notation must include, without limitation, the name of the record, the date on which it was sealed and a cite of the legal authority for sealing the record. The governmental entity shall place with the sealed record a copy of the court order, statutory authority or other legal authority pursuant to which the record is sealed.
 
6. A sealed record is not accessible to the public for inspection. When responding to any inquiry regarding a sealed record, a governmental entity may disclose the existence of the sealed record only if authorized to do so by law or a court of competent jurisdiction.
 
7. If a record is sealed, authorized personnel of the governmental entity may review the record for administrative purposes only.
 
8. The governmental entity shall keep an access log for each sealed record. All inspections of a sealed record must be recorded in the access log, which must specify the name of the person who inspects the sealed record, the date of the inspection, the purpose of the inspection and the specific law or court order authorizing the inspection of the sealed record.
 
9. A sealed record may be disposed of only as authorized by the schedule of the governmental entity.
 
Added to NAC by Library & Archives Admin'r by R118-12, eff. 10-24-2014
 
NRS 239.125, 378.255, 378.280