Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: January 6, 2023
The Firm
201-896-4100 info@sh-law.comIn 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.
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.
Rule 2080 outlines the grounds under which an expungement can be granted:
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.
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.

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]
Author: Donald M. Pepe

The five most common real estate disputes are breach of contract claims, landlord-tenant conflicts, zoning and land use disagreements, construction claims, and boundary disputes. Understanding why each arises, and taking preventive steps early, can help property owners, tenants, developers, and investors avoid costly litigation. Key Takeaways: Real estate transactions are complex endeavors involving numerous parties […]
Author: Paul Grossman

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]
Author: George McGowan

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]
Author: Paul Grossman

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]
Author: Paul Grossman

The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]
Author: Jay McDaniel
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!