Expungement of Customer Dispute Information
Chapters in this video
- 0:00 The CRD nightmare and the expungement escape hatch
- 1:57 Two-step procedure: arbitration plus court confirmation
- 3:38 Three substantive standards and the affirmative finding trap
- 5:18 Required FINRA court joinder and waiver paths
- 6:54 What expungement cannot undo: payouts, discipline, internal records
- 7:42 Rapid-fire exam recap
What this video covers
- What expungement physically removes from the Central Registration Depository (CRD) and BrokerCheck, and why dismissal of the underlying claim leaves the disclosure in place
- The strict two-step procedural requirement: an arbitration award or order containing expungement relief, then confirmation by a court of competent jurisdiction, and why FINRA never grants expungement directly
- The three substantive standards (factually impossible or clearly erroneous; not involved in the specific violation; false) and why each requires an affirmative finding, not just a claim that lacks merit
- Why settlement, dismissal, or low-dollar dispositions cannot substitute for an affirmative finding under one of the three standards
- When FINRA must be named as an additional party to court confirmation proceedings, and the difference between standard waivers and residual waivers requiring extraordinary circumstances
- The threshold test for residual waivers: meritorious relief plus no material adverse effect on investor protection, CRD integrity, or regulatory requirements
- What expungement does not affect: underlying arbitration awards and payouts, regulatory disciplinary findings, and FINRA's internal records for examination and supervisory purposes
Read the full lesson, free
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