Nevada Public Records

Nevada public records are official documents maintained by government agencies that provide an account of the operations of that agency. The necessity for creating and storing public records for government bodies is as outlined in Nevada's legislature under the Nevada Public Records Act. Per the Act, state and local government agencies in Nevada must collect and maintain records concerning the performance of their official responsibilities. Government agencies are also mandated to provide such records for viewing and copying by the public, except when such records are exempt by the NPRA.

The NPRA was enacted to provide the public insight into government performance. These laws provide some transparency in the performance of elected officials. It helps foster democratic principles such as clarity and accountability.

Are Nevada Records Public?

Yes, the NPRA permits members of the public the fundamental right of access to inspect, copy, or receive a copy of public records in the custody of government agencies. These records must be provided promptly to the extent of the law unless there are exemptions(N.R.S 239.001). Under the Act, any members of the public can submit a public record act request to any state or local government body for public records in their custody.

However, the NPRA labels several types of records as confidential and exempt from public disclosure(NRS 239.0105, 239.013, 239.014). Government bodies are encouraged to maintain a list of documents that are determined to be confidential under the NPRA. Where any such exemptions apply, several actions may be taken. Part of the record or all of it may be removed; access to the record may also be limited to individuals with a court order. As Nevada permits government agencies to set exemptions, custodians of these agencies are expected to balance confidentiality issues with public interests. Hence, requesters are advised to inquire about them before making their requests. Records exempted by the NPRA include but are not limited to the following:

Trade secrets
Any information exempted by federal or state laws
Personal information(names, addresses, phone numbers) which may constitute an unwarranted invasion of privacy
Information that falls under attorney-client privilege
Information about confidential informants helping law enforcement
Juvenile justice information is confidential and can be released when authorized by a state or federal judge

Nevada Public Records Act

The Nevada Public Record Act was first enacted in 1911 and updated in 1990. At this beginning, the law instructed that books and records of state and county offices be open for inspection and copying by any person during office hours. The current law intends to improve on this, providing the public with access to the custody of government agencies. One of the aims of the Act is to balance the confidentiality of government records with public interests in view of these records.

Under the Nevada Public Records Act, public records are materials of any medium received by a state agency as evidence of its organization, operation, policy or any other activities (NRS 239.005(6)).

Information classified as public records under the NPRA includes the following:

Arrest records
Inmate records
Property records
Incident reports
Traffic records
Court records and case information

How Do I Find Public Records in Nevada?

Nevada record custodians have similar steps for making public record requests. Below are some of these common steps to take when seeking public records:

Step 1: Choose the record to request and find out its custodian

Nevada public records will normally have a state or local government agency serving as the custodian of the record. Hence, the first step after identifying the record you need is determining the agency or custodian who accepts records requests.

For example, county clerks are in charge of various county records, while recorders are in charge of property records and marriage records. Requesters may also contact the corresponding police departments for all sorts of incident reports or records pertaining to criminal activity.

Step 2: Find out the record's availability and the custodian's request conditions

Nevada government agencies will often have their record custodian's information and public request instructions on their website. This will include procedures to make public record requests and any required fees. Most agencies will have a public information officer or records department who can help. There will also be designated emails and phone numbers via which requesters may seek assistance.

After confirming the agency's request procedures, it is good practice to inquire about the records availability from its custodian. While the NPRA instructs agencies to provide any records, it doesn't mandate that the agency create records that do not exist at the time of the request.

Inquirers will also be required to provide a case number, page or docket number, and other pertinent details to facilitate the search. However, for public access portals being used virtually, requesters may not need to present an ID to view the record of interest.

Step 3: Prepare and submit the public records request

Nevada Public Record Act requests are usually made orally or in writing. The request can be submitted through various mediums, including mail, email, fax, phone, and online. Requests can also be submitted in person at an agency's physical address.

Some record custodians in Nevada have an online request form on their website. Requests can download and fill out this form to make their request. There may also be facilities to fill out and submit the request online. If no such form is available, a handwritten or typed request containing accurate details of the required record may be required. The request will also require the requester's details for replies to the request. This written request could be submitted by mail or in person.

Step 4: Pay any mandated fees

Government agencies in Nevada are allowed to charge fees to process public records requests(NRS 239.052). This includes charges for copies and additional use of personnel and resources while completing the request. Payment costs and payment methods may differ by request, but accepted methods include cash, checks, online card payments, and postal/money orders payable to the correct agency/custodian.

Find Nevada Public Records Free

Individuals searching for public records in Nevada may be able to view such records for free for specific agencies. Some records can be accessed for free on an agency-run online database or by visiting the agency office and viewing the records in person. Although inquirers can search for and view some records for free, government agencies may charge fees for any physical or digital copies requested. Below are some options for free public record lookup:

Washoe County Recorder's Office allows users to view public records online, including marriage and property records, using the document search system.
Elko County, Nevada, allows citizens to view public records online using their online Public Record index. Public records, including maps and property records, can be viewed for free on the database.
Traffic incident and accident reports for the City of Henderson compiled by the Henderson Police Department are available online for free at crashdocs.org
Court records for Nevada court cases can be viewed electronically for free at public terminals at the district courthouses in Las Vegas and Reno.
The public can also use the Court Records Inquiry database to search for Nevada court case records and information online for free.

What Happens if I Am Refused a Public Records Request?

A Nevada Public Records Act request may be denied for several reasons. The record may be exempted, the request (or the information provided) was inaccurate or may have been forwarded to the wrong custodian.

Under the Nevada Public Records Law (NRS 239.0107), if the request is denied or the custodian cannot provide the record, they must inform the requester of the request's status in writing. This will also include any exemptions affecting the request.

If the records have been in the custodian's custody for less than 30 years, requesters can apply for a court order to enforce compliance by the custodian. This appeal must be made at the district court where the government agency is based, and the request was made.

How Long Does It Take to Obtain a Nevada Public Record?

Government agencies and record custodians in Nevada are expected to respond to Public Record Act requests within five business days of receiving the request(NRS 239.0107(1)). At that deadline, the custodian must let the requestor inspect the record or provide a copy. If, for any reason, the request cannot be fulfilled, then within five business days at that time, the custodian must write to the requestor explaining the reason for the delay. An extra three business days are given if the custodians must retrieve the records from external storage facilities(NRS 239.015).

Although deadlines for responses are given, these are optional. The government agency/custodian is allowed more time to complete the request if they inform the requester in writing and provide an updated date and time when the records will be received.