Smaltz authors legislation for the expungement of specific red flag records

Posted by: Kylie Glatfelter  | Friday, January 31, 2025

STATEHOUSE (Jan. 31, 2025) The Indiana House of Representatives recently advanced State Rep. Ben Smaltz's (R-Auburn) legislation to allow courts to expunge records related to Indiana's red flag law under specific circumstances.

Smaltz said that House Bill 1137 would require courts to expunge such records if an individual is determined to be not dangerous. It also outlines provisions for expunging law enforcement and court records related to firearm seizures, ensuring that these records are sealed and inaccessible unless otherwise ordered by a court.

"This legislation is imperative for safeguarding Second Amendment rights and recognizing that there is always work to be done while also highlighting the importance of procedural justice," Smaltz said.

Smaltz said that this bill would amend existing Indiana statutes to establish clear guidelines for petitioning courts for expungement and set evidence-based standards for evaluating whether an individual remains a risk.

House Bill 1137 now moves to the Senate for further consideration. For more information, or to watch session and committee meetings live, visit iga.in.gov.

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State Rep. Ben Smaltz (R-Auburn) represents House District 52,
which includes all of DeKalb County, and portions of Noble and Steuben counties.
Click here to download a high-resolution photo.