Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: December 13, 2022
The Firm
201-896-4100 info@sh-law.comUnder FINRA Rule 2080, broker-dealer firms, offices, and professionals in the securities industry can request customer disputes be expunged from FINRA’s public records. When reputation is so important to client trust and retention, expungement is a no-brainer. But FINRA has high standards of review and a limited appeals process to challenge decisions – you must make sure to take the right steps when approaching this process. This is especially true if you’re currently in the middle of an unresolved arbitration. Otherwise, your request for expungement could be denied, leaving the dispute on your firm’s record. So, what findings are required for FINRA expungement?
The SEC recently proposed new rule changes to the expungement process. An experienced securities lawyer can help you navigate this ever-changing arena of regulations.
FINRA’s expungement process is meant to balance three separate industry interests:
As a result, the agency considers expungement an extraordinary remedy to be allowed only if the expunged records hold no significant value for regulators or investors.
FINRA Rule 12805 details the process for filing a successful request for expungement of customer dispute information. This includes a recorded hearing session, a review of relevant settlement documents, and regulatory grounds for why expungement should be granted.
There are four reasons expungement may be granted under FINRA Rule 2080:
FINRA sets out different procedures for handling expungement based on whether the expungement orders are granted through an arbitration panel, an outside court, or a settlement reached either in or outside the arbitration process. For example:
An experienced FINRA litigation attorney will know how to properly handle these matters and set you up for the best possible chance at a successful resolution.
When filing an expungement request, you must keep FINRA’s industry interests in mind. Regulators are concerned with having accurate and relevant information on record. A good securities lawyer should be able to anticipate, address, and disarm any concerns that regulators may have about the possibility of your expungement threatening any of these interests.
What findings are required for FINRA expungement? FINRA expungement rules are strict and the process is thorough. Between 2015 and 2020, the agency only expunged 4% of all customer disputes entered into the Central Registration Depository (CRD). You want to do everything you can to fall into that 4%. Because expungement is granted in only a narrow band of cases, you must be able to present convincing evidence that shows you qualify for this type of relief. At Scarinci Hollenbeck, we can help. Click here to contact us now and discuss your options for FINRA expungement.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Author: John D. Giampolo

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Author: Wendy Rubinstein Quiroga

For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]
Author: George McGowan

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]
Author: Donald M. Pepe

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
Author: Marc J. Comer

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]
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!