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The Financial Industry Regulatory Association (“FINRA”) maintains a database of customer complaints about individuals licensed by FINRA as registered representatives. The data can be accessed and used by both securities regulators and the investing public to find out about past complaints made by customers of the registered representatives. But records of customer complaints can be expunged from the database through an arbitration process created by FINRA. This Article traces the history of that arbitration process, focusing on how it is employed in cases where the investor was paid money to settle a claim. The Article studies FINRA arbitrations in such cases, and reveals that, post-settlement, customer complaints are being expunged at the rate of 93.7%, often in perfunctory ex-parte proceedings where the complainant has agreed not to oppose the application. The Article concludes with proposals for major changes to the process of expungement that are necessary if the FINRA database is to maintain its integrity.

Expungement of Customer Complaint CRD Information Following Settlement of a FINRA Arbitration