When requesting expungement in these situations, parties should present evidence to the arbitrators that demonstrates that the information in the broker’s CRD record is defamatory in nature, thereby portraying the broker in a negative light. If the arbitrators are satisfied that the information is defamatory in nature, they must clearly state in the award that they are recommending expungement based on the defamatory nature of the information in the CRD system. Arbitrators, however, are not required to find or to state explicitly in the award that all elements required to satisfy a claim in defamation under governing law have been met. If, however, the arbitration panel does not state that it is awarding expungement relief based on the defamatory nature of the information, then FINRA will expunge the information contained in the CRD only if the arbitration award granting expungement relief is confirmed by a court of competent jurisdiction.