Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

How Do You Request Expungement if the Parties Settle the Arbitration?

Author: Scarinci Hollenbeck, LLC

Date: January 6, 2023

Key Contacts

Back

Requesting Expungement in a FINRA Settlement Arbitration

In the highly competitive financial world, any organization, manager, or owner must ensure that your business’s Central Registration Depository (CRD) doesn’t have negative customer complaints. If you are looking for FINRA settlement solutions, keep reading.

Public investors often consult CRD through FINRA BrokerCheck before making investment decisions. The CRD system holds administrative data and disclosure information, including civil judicial actions, customer disputes, and regulatory disciplinary actions filed against your organization. It can be challenging to remain clean of any customer dispute in business, and such complaints can deny you or your firm significant business opportunities.

But worry not! If you are a registered representative and have a derogatory, false, factually impossible, or erroneous customer complaint on your CRD record, you can follow FINRA’s settlement procedure for expungement to have that information in the CRD system removed. An experienced FINRA expungement attorney can help you request expungement and ensure a successful FINRA arbitration settlement.

FINRA Expungement Process

If you’re seeking to expunge any false or defamatory CRD disclosures on you, or your firm, through FINRA arbitration settlement, you must understand the process for successful expungement. This could include presenting a strong counterclaim or statement of claim to the arbitrators. 

The arbitrators will analyze the facts of your statement against the derogatory complaints on your CRD database to determine whether to grant your request for expungement. Then, the arbitrators will decide your case based on at least one standard specified in FINRA’s Rule 2080. An experienced expungement attorney can understand the complexities of expungement and how to file a strong claim.

The expungement is a two-section process. Firstly, you initiate the expungement process through the FINRA Dispute Resolution Process, specifying the derogatory claim in the CRD you want to be removed. Next, a hearing is set to review the merits of your expungement request based on whether the evidence you provided attains one or more grounds for expungement. Arbitrators handling your FINRA arbitration settlement will hold a hearing session, virtual or in-person, and review all necessary documents. Arbitrators then conclude the process with a written settlement explaining reasons for denying or granting your expungement request. 

In any FINRA settlement, the panel must review the amount paid to settle the claim, among other factors, and whether the issue is presented to a state court or arbitrators. According to the FINRA Notice to Members 08-79, the panel needs to consider any other terms and conditions of the complaint that can raise issues about your business’s involvement in the alleged misconduct before granting an expungement. 

FINRA Rule 2080 Grounds for Expungement

Rule 2080 outlines the grounds under which an expungement can be granted:

  • The complaint or allegation is erroneous or factually impossible: Under this circumstance, you’ll be required to provide credible evidence indicating that your organization wasn’t involved in the alleged violation, customer mistreatment, conversion of funds, or misappropriation. A possible illustration of a customer dispute involves naming a registered representative in a claim when the said representative inherited the account and wasn’t responsible for the said allegations. 
  • The complaint or allegation contains false information: This involves where the complaint in the system contradicts the credible evidence presented by the registered representative. For instance, if a customer complaint states that a broker or an institution conducted unauthorized business, the broker can prove that the customer ordered the alleged unauthorized dealings in writing. 

If your FINRA settlement succeeds in the arbitration stage, you must file a petition with a local or federal court with FINRA as the defendant, requesting the court to confirm the arbitrator’s decision to grant the expungement, unless FINRA grants a waiver. After reviewing your petition, the court will order FINRA to comply with the expungement decision by erasing the erroneous, factually impossible, and false information in question from the CRD database. 

Successful FINRA Arbitration Settlement With Scarinci Hollenbeck, LLC

Brokers can seek successful expungement of customer disputes or allegations on a CRD report. However, seeking expungement on FINRA settlement can be daunting when you don’t understand the complexities of expungement or the process required. Nevertheless, the FINRA settlement process can be easier if you partner with experienced expungement attorneys. 

At Scarinci Hollenbeck, LLC, we have experienced and fierce advocates committed to delivering practical and creative solutions to all our clients. The team understands the intricacies of the business world and can help you expunge an allegation from the CRD database. Contact us to discuss further with a member of our team.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Buying Commercial Property in New Jersey: Legal Guide for Small Businesses post image

Buying Commercial Property in New Jersey: Legal Guide for Small Businesses

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]

Author: Robert L. Baker, Jr.

Link to post with title - "Buying Commercial Property in New Jersey: Legal Guide for Small Businesses"
The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities post image

The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]

Author: Dan Brecher

Link to post with title - "The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities"
Common Legal Mistakes NYC and New Jersey Business Owners Make post image

Common Legal Mistakes NYC and New Jersey Business Owners Make

Operating a business in the New Jersey and New York City metropolitan region offers incredible opportunities, but it also requires navigating a dense and highly regulated legal environment. From entity formation to regulatory compliance, seemingly minor legal oversights can expose business owners to significant risk. In our work with businesses throughout the region, our attorneys […]

Author: Dan Brecher

Link to post with title - "Common Legal Mistakes NYC and New Jersey Business Owners Make"
What Founders Can Learn From Start-up Suits post image

What Founders Can Learn From Start-up Suits

High-profile founder litigation is more than just a media spectacle. For startup founders, these cases underscore the legal and structural risks that can arise when rapid growth outpaces formal oversight. While launching a new company can be both an exciting and deeply rewarding endeavor, founders must be mindful that it also comes with significant risks. […]

Author: Dan Brecher

Link to post with title - "What Founders Can Learn From Start-up Suits"
Corporate Governance Reviews: A Practical Guide for New Jersey Companies post image

Corporate Governance Reviews: A Practical Guide for New Jersey Companies

Every New Jersey company should periodically evaluate its governance framework. Strong corporate governance protects directors and officers, builds investor confidence, reduces litigation exposure, and positions a company for sustainable growth. The first quarter of the year is a great time to evaluate your corporate governance practices and perform any routine maintenance needed to keep that […]

Author: Ken Hollenbeck

Link to post with title - "Corporate Governance Reviews: A Practical Guide for New Jersey Companies"
What to Do After Being Served with a Lawsuit: Steps to Protect Your Legal Rights post image

What to Do After Being Served with a Lawsuit: Steps to Protect Your Legal Rights

Being served with a lawsuit is one of the most stressful legal events a business or individual can face. Whether the claim involves a contract dispute, an employment matter, an intellectual property issue, or another legal challenge, the actions you take in the first few days can significantly shape the outcome of your case. Acting […]

Author: Robert E. Levy

Link to post with title - "What to Do After Being Served with a Lawsuit: Steps to Protect Your Legal Rights"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!