Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: October 26, 2022
The Firm
201-896-4100 info@sh-law.comIf you have customer complaints or adverse disclosures reported on your FINRA Central Registration Depository (CRD) against you, those CRD disclosures can seriously hurt your reputation in the securities industry. FINRA CRD complaints may involve claims of sales practice violations, forgery, theft, or misappropriation or conversion of funds. In this article, we take a look at the proposed new changes to the FINRA Rule 2080 Expungement Process.
FINRA’s Central Registration Depository (CRD) covers all the registration, qualification, employment, and disclosure records of broker-dealer firms, offices, and financial service professionals with a securities license. It also includes publicly accessible information about any customer disputes on your record.
Disputes or misconduct claims can severely damage your firm and professional name. Of course, when these disputes are inaccurate or simply not true, you want to set the record straight. FINRA Rule 2080 allows you to do so by petitioning for expungement.
You can petition FINRA for expungement after one of the following happens:
However, you must follow the expungement process properly to get a successful result. This can get complicated – and FINRA has proposed new rule changes with the SEC.
Under Rule 2080, expungement is an extraordinary remedy to remove inaccurate customer dispute information from the CRD system. Rule 2080 applies only to customer-related information, not industry disputes between firms (although the standards for intra-industry disputes are substantially identical). A FINRA expungement could target customer complaints, firm U5 disclosures, arbitration awards, or civil litigation disclosures.
How do you get a waiver? You can submit a waiver request to FINRA along with copies of all the documents relevant to the expungement – the settlement agreement, arbitration award, statement of claim, etc. An experienced attorney can help you put together a complete request with all the necessary documentation to get you the best chance of approval.
FINRA grants expungement requests if you can prove one of the following:
When determining whether to grant a waiver in the scenario above, FINRA will decide whether the judicial or arbitral findings for expungement meet the same standards. This process could involve document production requests or live evidentiary hearings to conclude.
In July 2022, FINRA proposed the following rule changes under SEC Rule 19b-4:
These are just proposed rules at this point – they have yet to go through the process of approval. By the time the proposals get codified into law, they may shift and change. It’s important to keep an eye on these changes if you’re seeking expungement.
Securities litigation and dispute resolution make up a niche and nuanced area of law. Administrative proceedings for agencies like FINRA come with a number of idiosyncratic rules and regulations that require a deft hand and familiarity with securities rules and regulations to navigate properly. In the securities world, you must protect your reputation – and Rule 2080 expungement does just that.
Click here to contact the Scarinci Hollenbeck Law team now about your FINRA expungement questions.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Screenshots have changed the risks of electronic communications. The screenshot problem is that messages intended for one person or a small group can be copied, forwarded, preserved, and ultimately presented to opposing counsel, regulators, journalists, customers, or a jury. Businesses should recognize that a truly private digital conversation is increasingly unreliable and ensure their policies, […]
Author: Sean M. Pena

Developers, engineering, procurement, and construction (EPC) contractors, and equipment suppliers each play a critical role in completing a BESS project. However, when equipment costs rise, deliveries are delayed, or regulations change, determining who bears the financial consequences can become contentious. Well-drafted project agreements are essential to sound risk allocation. Key Takeaways This article is Part […]
Author: Nicholas Wall

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Author: Nicholas Wall

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Author: Michael Mietlicki
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!