Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: December 16, 2022
The Firm
201-896-4100 info@sh-law.comIf you have an inaccurate or erroneous customer dispute on your broker’s record, getting it expunged is a no-brainer. But the FINRA expungement process isn’t easy. In fact, the agency calls expungement an “extraordinary remedy” to be used only in limited cases.
But let’s say you brought on an experienced legal team who helped you meet FINRA’s requirements for expungement. The agency has given you the green light to expunge the inaccurate customer dispute off your record. Congratulations on your approval!
Unfortunately, the process doesn’t end there. You must still take steps to get the customer dispute removed from the Central Registration Depository (CRD) according to the terms of your expungement. Your lawyer can help make sure this process gets carried out.
In order to actually remove a customer dispute from the CRD, you must be able to show an affirmative judicial or arbitral finding for expungement. In most cases, a decision-maker such as a state or federal court judge must confirm the expungement.
You can get a FINRA expungement if you can prove one of the following:
Expungement requests must generally be filed within 6 years after a customer complaint has been filed. But in some cases, FINRA arbiters may choose to ignore this time limit.
Keep in mind that if you were previously denied an expungement request for that specific customer complaint – for example, in a lawsuit – FINRA will automatically dismiss any future requests unless you can show a substantial or compelling reason to revisit the issue.
You can file a request for expungement with FINRA like any other arbitration proceeding. The customer who originally filed the complaint gets notice of your expungement request and has the chance to actually participate in the proceedings. The agency follows a streamlined version of its usual arbitration process to handle expungement requests. Your attorney may submit pleadings or motions, you may have limited discovery, and there may be hearings.
If an outside court (such as a state or federal court) hears your expungement request as part of another matter or litigation, FINRA recommends that judges follow the same standards under Rule 2080 as the agency. However, this is not required. Member firms seeking an expungement in this way may also be required to name FINRA as a party in the matter unless they qualify for an exception under the agency’s rules.
If FINRA decides to grant your expungement request, the arbiter who heard your case must produce a written decision explaining how you’ve satisfied FINRA Rule 2080.
Once FINRA has approved your expungement, you must have the decision confirmed by a court order from a court with competent jurisdiction – i.e., a state or federal court. The customer complaint you want to expunge will actually remain on your firm’s CRD and BrokerCheck records until this court order is presented to FINRA.
If you included FINRA as a party to a state or federal court proceeding where expungement was granted, this final step will essentially be “baked into” the process and you do not need additional court confirmation. FINRA may also waive this requirement if the basis of expunging the customer complaint is proven to be defamation. An experienced attorney can help make the FINRA expungement process as streamlined and painless as possible while championing your best interests at every turn. If you’re seeking expungement, Scarinci Hollenbeck can help. Click here to contact our FINRA lawyers now.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Compliance programs are no longer judged by how they look on paper, but by how they function in the real world. Compliance monitoring is the ongoing process of reviewing, testing, and evaluating whether policies, procedures, and controls are being followed—and whether they are actually working. What Is Compliance Monitoring? In today’s heightened regulatory environment, compliance […]
Author: Dan Brecher

New Jersey personal guaranty liability is a critical issue for business owners who regularly sign contracts on behalf of their companies. A recent New Jersey Supreme Court decision provides valuable guidance on when a business owner can be held personally responsible for a company’s debt. Under the Court’s decision in Extech Building Materials, Inc. v. […]
Author: Charles H. Friedrich

Commercial real estate trends in 2026 are being shaped by shifting economic conditions, technological innovation, and evolving tenant demands. As the market adjusts to changing interest rates, capital flows, and workplace models, investors, owners, tenants, and developers must understand how these trends are influencing opportunities and risk in the year ahead. Overall Outlook for Commercial […]
Author: Michael J. Willner

Part 2 – Tips Excluded from Income Certain employees and independent contractors may be eligible to deduct tips from their income for tax years 2025 through 2028 under provisions included in the One Big Beautiful Bill. The deduction is capped at $25,000 per year and begins to phase out at $150,000 of modified adjusted gross […]
Author: Scott H. Novak

Part 1 – Overtime Pay and Income Tax Treatment Overview This Firm Insights post summarizes one provision of the “One Big Beautiful Bill” related to the tax treatment of overtime compensation and related employer wage reporting obligations. Overtime Pay and Employee Tax Treatment The Fair Labor Standards Act (FLSA) generally requires that overtime be paid […]
Author: Scott H. Novak

In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!