April 9, 2025
Indiana’s Governor Braun has signed a bill into law changing the state’s “red flag law.” These updates will allow eligible individuals to receive expungements of their records under the law.
State Representative Ben Smaltz authored the signed House Bill 1137 (HB 1137). HB 1137 received unanimous support from state House and Senate legislators when Rep. Smaltz introduced it in 2005. Under this new law, legislators intend to address misinformation or mistakes concerning matching records with individuals. Specifically, it would alter Indiana’s Red Flag law, which allowed law enforcement to seize citizens’ firearms if the authorities found them a threat to themselves or others. However, mistakes in matching records to innocent individuals that lead to misidentifying them as dangerous under this law have proven to be a consistent issue.
According to Hb 1137’s sponsors, the law can have an even greater impact on employment and housing opportunities. They argued that the issue centers around a key component in the Red Flag law’s process: The records of incidents under this law become public even when courts later determine that the individual is “not a threat.”
As a result, the records become prematurely available for potential landlords and employers. Attorneys and citizens have argued how this negatively impacted those with “red flag” records. They revealed how this immediate access to records that courts may overturn later has lost job and housing opportunities for affected individuals.
HB 1137 would address this issue by allowing courts to expunge “red flag” records. This bill would require courts to seal past and future records created under the Red Flag law if the initial hearing deemed the individual “not a threat.” However, the individual must present the argument to a court where the judge must determine the individual as “not dangerous.”
The law also allows requesting sealing records for those initially deemed a threat. If found no longer a threat at a later date, judges may review the individual’s records and determine whether to seal them. If approved, the courts would seal these records and prevent the public from viewing them. As such, employers and landlords will not see the sealed “red flag” records from then on.
HB 1137 also provides carve-outs for law enforcement to retain access to some of these records. Authorities may also deem an individual as dangerous at a later date. However, this change would not impact other judgments.
HB 1137 received unanimous approval by the Indiana Senate and House of Representatives before receiving a signature from the Governor. This new law will now go into effect on July 1, 2025.
Disclaimer:
Information provided here is for educational and informational purposes only and should not constitute as legal advice. We recommend you contact your own legal counsel for any questions regarding your specific practices and compliance with applicable laws.