Winkler wants criminal record erased

Mary Winkler escaped first-degree murder charges in court last month. Now she?s looking to have her criminal record completely erased.

Winkler?s attorneys have filed paperwork asking for a judicial diversion, according to a report from Memphis TV station WHBQ. Anyone convicted of a class C felony or less is eligible to apply for a judicial diversion, provided they have not been convicted of a previous felony, or served jail time for another crime.

Winkler, 33, was convicted of voluntary manslaughter, which is a class C felony. It is entirely at the discretion of Judge Weber McCraw, who presided over the case, to grant or deny the judicial diversion. However, if McCraw denies the diversion, that decision could be appealed.

Winkler is currently free on $750,000 bond and living in Warren County while awaiting her sentence. Her sentencing hearing had been set for May 18, but was delayed Monday because of a scheduling conflict with one of the lawyers involved in the case.

?It?s unlikely it will be delayed very long,? said court spokeswoman Sue Allison.

The voluntary manslaughter conviction for killing her husband, preacher Matthew Winkler, carries a three- to six-year sentence. However, if the diversion is granted it would allow Winkler to serve her sentence entirely on probation.

It also would expunge the conviction from her record, provided she doesn?t get in any more legal trouble while on probation.