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
10 Common Issues in Franchise Disputes post image

10 Common Issues in Franchise Disputes

The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]

Author: Paul Grossman

Link to post with title - "10 Common Issues in Franchise Disputes"
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together post image

Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]

Author: Sean M. Pena

Link to post with title - "Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together"
Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York post image

Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York

No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]

Author: Donald M. Pepe

Link to post with title - "Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York"
Company Dissolved? Legal and Financial Consequences to Expect post image

Company Dissolved? Legal and Financial Consequences to Expect

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences.  It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]

Author: Jay McDaniel

Link to post with title - "Company Dissolved? Legal and Financial Consequences to Expect"
The Legal Implications of Signing a Triple Net Lease post image

The Legal Implications of Signing a Triple Net Lease

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]

Author: Donald M. Pepe

Link to post with title - "The Legal Implications of Signing a Triple Net Lease"
Business Law FAQs: What Companies Need to Know post image

Business Law FAQs: What Companies Need to Know

Running a business in New Jersey and New York means operating within one of the most legally complex environments in the country. From the moment you form your company to the day you sell it, and every contract, hire, dispute, and transaction in between, business law is present in decisions that look, on the surface, […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Business Law FAQs: What Companies Need to Know"

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.
“If you would like to submit a file, please email it directly to info@sh-law.com.

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