Mid-Missouri Legal Services (MMLS) delivers legal services to eleven (11) counties in central Missouri. Due to the unique challenges of serving a primarily rural area, MMLS has developed a plan to use volunteers in a variety of ways to expand the reach and effectiveness of the program. MMLS takes into consideration the input from segments of the client community, private attorneys, and bar associations in the development of its annual Private Attorney Involvement (PAI) Plan. Any responses to MMLS’s Proposed 2024 Private Attorney Involvement Plan can be submitted to dunhamk@mmls.org.”  You can view the 2024 MMLS PAI Plan at this link:  MMLS Proposed 2024 PAI Plan

applications for student loan debt relief are no longer being accepted because of lawsuits challenging the debt cancellation program. Up-to-date information about the status of the program is available from the U.S. Department of Education:

Debt Relief | Application | Federal Student Aid.

The Department of Education announced the debt cancellation program in August 2022, and applications became available in October 2022. The National Consumer Law Center provides eligibility information about the program at the following link: One-Time Student Debt Cancellation in 2022-2023 – Student Loan Borrowers Assistance (studentloanborrowerassistance.org).

Student loan payments and interest for eligible federal student loans have been paused in response to the COVID-19 pandemic. The pause was scheduled to be lifted, with payments to resume, on December 31, 2022. In response to the litigation about student debt cancellation, the pause has been extended until the lawsuits regarding student debt cancellation are resolved or the U.S. Department of Education is able to go forward with debt cancellation despite the dispute.

More information about the status of the payment pause can be found at the following link: COVID-19 Emergency Relief and Federal Student Aid | Federal Student Aid. The Consumer Financial Protection Bureau offers advice and information for people preparing to resume loan payments after the pause: Student loans | Consumer Financial Protection Bureau (consumerfinance.gov)

Changes in the Missouri Expungement Law

Significant changes to Missouri law have made more people eligible to have a criminal record closed. The legislature has expanded the types of offenses eligible for expungement and shortened the “waiting period” before a person may ask a court to close records.

In Missouri, expungement results in closing arrest and conviction records, rather than erasing or destroying the records.  Most drug offenses became eligible for expungement in 2018. Misdemeanor and felony stealing charges, often charged in shoplifting cases, were made eligible for expungement in August 2019.

The most serious crimes, such as Class A felonies, dangerous felonies and offenses requiring registration as a sex offender, remain ineligible for expungement.

While Missouri law formerly required a waiting period of seven years to expunge a felony and three years to expunge a misdemeanor, those waiting periods were shortened in August 2021 to three years and one year, respectively. The waiting period starts once all court obligations, such as probation and fines, are satisfied.

To seek expungement, a petitioner must have avoided any additional convictions during the applicable waiting period before filing a petition. In addition, someone seeking expungement must have no pending criminal charges.

Eligibility for expungement must be determined on a case-by-case basis. Anyone interested in expungement may benefit from seeking advice from an attorney. Expungement petitions must be filed in the county where the case was charged or prosecuted. Mid-Missouri Legal Services represents low-income clients seeking expungement in 11 counties in Central Missouri.

More information about expungement is available from the Missouri Bar: https://missourilawyershelp.org/legal-topics/understanding-missouris-new-expungement-law/

No petition required for most ‘Amendment 3’ marijuana expungements

Missouri voters approved “Amendment 3” in the recent election to legalize recreational marijuana. The amendment to Article XIV of the Missouri Constitution takes effect on December 8, 2022. The amendment legalizes possession and use of marijuana for those 21 and older and establishes a licensing scheme for legal production and sale.

The new law requires the courts to expunge eligible marijuana offenses without requiring a petition. Under the constitutional amendment, Missouri’s circuit courts must order expungement of all misdemeanor marijuana offenses in cases where the person has completed any sentence by the court by no later than June 8, 2023. Missouri courts must order expungement of all eligible felony marijuana offenses, where the sentence is complete, by no later than December 8, 2023.

Offenses that involve distribution to a minor, offenses involving violence, and offenses for operating a motor vehicle while under the influence of marijuana are excluded.

People who are currently incarcerated on marijuana offenses can petition for expungement. The amendment provides that no fees can be charged for those petitions and requires the public defender’s office to create a form people can use to ask for expungement without representation from an attorney.

Mid-Missouri Legal Services provides representation to eligible people seeking expungement. While MMLS is not able to represent people who are currently incarcerated, MMLS can provide advice about the automatic expungement process under Amendment 3. Expungements under the new law may make it easier for people to seek expungement of other offenses on their records.

                        COVID-19 Updates

To view Missouri court and other resource updates, click on the following link:  Covid-19.  You can view the latest develops concerning Covid-19 by viewing the U.S. Government Covid-19 site located at:  USA.Gov.  If you click on the links above you will be leaving this website.

Did you know that Boone County is “among the worst counties in the U.S. in helping poor children up the income ladder?”

Click on the following link to learn more: Missourian

To help reduce this “opportunity gap,” MMLS has launched a Financial Stability Project to expand its representation of low-income consumers in matters that impact their financial stability and economic mobility. MMLS is pleased to welcome consumer attorney Julia Stensby in connection with this project.

Examples of issues for which we can provide legal assistance include:

• Garnishment and debt collection proceedings;
• Unlawful and/or predatory loans;
• Automobile and title cases (including fraud);
• Credit reporting issues;
• Employment terminations and wage and hour claims;
• Appeals of unemployment compensation denials;
• Contract disputes;
• Public utility billing practices; and
• Bankruptcy assistance (limited).

Ms. Stensby will also be working closely with community partners to strengthen collaborations, increase referrals, and connect consumers with financial counseling resources and providers of emergency relief. Community partners, please click this link for a copy of our flyer.

Thank you to Heart of Missouri United Way for providing funds for this project

After a natural disaster, such as the storms and tornadoes that hit Jefferson City this week, community members will come together to help their neighbors with clean-up, re-building, and financial and emotional support. Unfortunately, some people try to take advantage of consumers and homeowners who are anxious to repair their damaged homes. Missouri consumers and homeowners affected by the recent storms and tornadoes need to be on the alert and protect themselves from scams perpetrated by storm-chasers who target survivors of natural disasters.

If you are approached by a company or contractor offering to sell you products or services, take time to ask questions and assess whether the company is a reputable, legitimate business.

Be skeptical – if an offer sounds too good to true, it probably is.

MMLS offers the following tips on warning signs and steps you can take to protect yourself.

Avoid contractors who:

• Use high-pressure tactics such as offering a “now or never” deal or asking consumers to sign documents immediately;
• Demand cash up front for the entire amount;
• Refuse to give an estimate of the job;
• Are unable to produce local references; or
• Ask you to obtain the building permit.

The following tips can help you prevent a scam

• Get recommendations for a contractor from friends, relatives, co-workers, or insurance agent.
• Check for any complaints with the Better Business Bureau, Home Builder Association, or Attorney General’s Office.
• Get at least two estimates in writing that itemize the work to be done and separate supplies and labor.
• Get everything in writing.
• Do not sign a contract quickly without reviewing it carefully. Include an estimated start and end date, the contractor’s obligation to obtain the necessary permits, and any warranties covering materials and workmanship.
• Ask to see a copy of the contractor’s general liability and worker’s compensation insurance and make sure any subcontractors have liability coverage, preferably under the general contractor’s coverage.  You can ask a friend, relative, or attorney to review the contract. Make sure you have a copy of the signed contract.
• Get the phone number and street address for the company. If it only gives you a cell phone or post office box, it may be trying to avoid being found.
• Ask to see the contractor’s business license. A business providing services in Jefferson City and Cole County must have a business license.
• Ask for and check references from former customers.
• Never pay in cash. Do not pay full price for services you have yet to receive.
• Make full payment only when the terms of your agreement have been met.
• Take a picture of the contractor’s vehicle and license plate number.

Elderly persons and people with disabilities may be targeted by scammers who lie about the extent of damage to parts of the home that the homeowner may not be able to physically access. If you cannot see the damage for yourself, ask for pictures; work with your insurance agent, friends or family to find reputable contractors; and get multiple bids.

Financial exploitation of a person who is elderly or has a disability is a criminal offense. Financial exploitation includes taking money and promising to perform a particular job that the offender does not intend to perform or knows will not be performed. You can report financial exploitation to the police or the county prosecuting attorney. Collecting and documenting as much information as you can about the identity, operations, and location of the person(s) taking your money will help the authorities find and charge the perpetrator.

Reporting Scams

Even when a person is careful, they can fall victim to a scam. If you have been a victim of a fraudulent company, report it to the police or the Missouri Attorney General’s Consumer Hotline. It is not your fault. Reporting the scam can help authorities investigate and stop fraudulent contractors.

Missouri Attorney General Consumer Hotline 800-392-8222 or online https://ago.mo.gov/civil-division/consumer/consumer-complaints

Other Resources

Mid-Missouri Legal Services www.mmls.org

National Consumer Law Center – Disaster Relief & Consumer Protection https://www.nclc.org/issues/disaster-relief-consumer-protections.html

Attorney General’s Office – Natural Disasters www.ago.mo.gov/civil- division/consumer/consumer-alerts/natural-disasters

Missouri Department of Health and Senior Services’ Toll-free 24-hour Elder Abuse/Neglect Hotline: 1-800-392-0210

“Irene Karns, a pro bono attorney for Mid-Missouri Legal Services and a member of the Boone County Bar Association, recently was selected by the Legal Services Corporation of Washington, D.C. to receive a LSC Pro Bono Award. Irene was honored at a Pro Bono Awards Reception on Thursday, January 17, 2019 at Stinson Leonard Street LLP in St. Louis.

Ms. Karns is a retired public defender who has volunteered in MMLS’s Uncontested Divorce Clinic (UDC) for seven years. She has assisted more than 80 clients at the MMLS Columbia office since the Clinic’s inception. The UDC was created by Columbia attorney Brian Taylor, and Ms. Karns has been instrumental in expanding and staffing the Clinic. The UDC is one of the most successful family law clinics in the country, with 90% of participating litigants successfully obtaining their decrees.”

Presenters were from left to right: John Levi, Esq., Chicago, Illinois, Chairman of the Board of Directors of the Legal Services Corporation Irene Karns, Esq., Columbia, MO Victor Maddock of Louisville KY, Member of the Board of Directors of the Legal Services Corporation Jim Sandman of Washington, D.C., Executive Director of the Legal Services Corporation.