summary
Introduced
01/08/2025
01/08/2025
In Committee
03/04/2025
03/04/2025
Crossed Over
01/31/2025
01/31/2025
Passed
03/12/2025
03/12/2025
Dead
Signed/Enacted/Adopted
04/03/2025
04/03/2025
Introduced Session
2025 Regular Session
Bill Summary
Expungement of red flag law records. Requires a court to expunge certain records related to the red flag law if the court finds that an individual is not dangerous, and permits a court to expunge certain records related to the red flag law if the court finds that an individual previously found dangerous is no longer dangerous.
AI Summary
This bill addresses the expungement of records related to Indiana's red flag law (officially known as the Emergency Firearms Seizure law). The legislation requires courts to automatically seal and expunge all records associated with red flag law proceedings if an individual is found not to be dangerous. When a court initially determines that an individual is not a threat, the bill mandates the sealing of court files, law enforcement investigation records, search warrant returns, and affidavits from the original proceeding. For individuals previously found dangerous who later petition the court and are determined to no longer pose a risk, the court may also seal and expunge similar records. These expunged records can only be accessed by law enforcement officers acting in an official capacity or through a specific court order. The bill provides a retroactive provision allowing individuals with previous court orders from before July 1, 2025, to file a motion to have their records expunged. The goal is to protect individuals from long-term stigma or negative consequences related to temporary firearms removal proceedings, ensuring that unfounded or resolved red flag interventions do not permanently impact a person's record.
Committee Categories
Justice
Sponsors (9)
Ben Smaltz (R)*,
Garrett Bascom (R),
Gary Byrne (R),
Blake Doriot (R),
Aaron Freeman (R),
Eric Koch (R),
Jim Lucas (R),
Jake Teshka (R),
Jim Tomes (R),
Last Action
Public Law 32 (on 04/03/2025)
Official Document
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