HCBA Lawyer Magazine Vol. 29, No. 1 | Page 54

potentiAl AdditionAl oBstACles for registered representAtiVes seeKing eXpungeMent securities section Chairs: Dominique Heller – Wiand Guerra King, P.A. & Scott Illgenfritz – Johnson, Pope, Bokor, Ruppel & Burns, LLP With the publication of regulatory notice 17-42, it is clear that finrA intends to L ike in an episode of American Ninja Warrior, registered representatives seeking to expunge their Central Registration Depository (CRD) records face ever-increasing obstacles. What was once a fairly straightforward expungement process has become more complicated and expensive over the years. With the publication of Regulatory Notice 17-42, expungement procedures may become even more arduous. In the beginning, expunging a representative’s CRD record was simple. Arbitrators had the power to order expungement without a court order. In 2003, before FINRA was formed, the NASD adopted Rule 2130 (now FINRA Rule 2080), establishing additional procedures. Representatives had to petition a court to confirm expungement awards before they became effective and name FINRA as a respondent party. Six years la