Are Autopsy Reports Public in Nebraska? (2026)

In Nebraska, an autopsy report is a public record under the Nebraska Public Records Statutes, but the county coroner (the county attorney) who holds it may choose to withhold it under discretionary exemptions. In an August 2025 disposition the Nebraska Attorney General upheld a county attorney who withheld an autopsy report under the investigatory-records exemption alone, and expressly found it unnecessary to decide whether the medical-records exemption also applied, so in practice access turns on the custodian's discretion. While a case is under active investigation, the office can withhold the report under the public-records investigatory exemption, though toxicology (alcohol and drug) results are carved out of that exemption by statute.

Are Autopsy Reports Public in Nebraska?

Technically yes, but with caveats. The Nebraska Attorney General has concluded that an autopsy report is a public record under the Nebraska Public Records Statutes. In practice, however, the county coroner who holds the report may withhold it at its discretion, so it is not always handed to anyone who asks.

Under the Nebraska Public Records Statutes, agencies may, at their discretion, withhold records that fall within the categories listed in Neb. Rev. Stat. 84-712.05. The ground the Attorney General actually upheld for an autopsy report is the investigatory-records exemption in subdivision (5). Custodians also cite the medical-records exception in subdivision (2) and the vital-records exception in subdivision (27), but the Attorney General has not decided whether either reaches an autopsy report, and subdivision (2) excepts records of births and deaths on its face. The statute and the Attorney General are clear that these exceptions permit nondisclosure rather than require it, and toxicology (alcohol and drug) results are carved out of the investigatory exemption.

This is different from the death record itself. The death certificate, including the cause-of-death line, is handled through the state vital-records system and follows its own access rules. The narrative autopsy and toxicology report is a separate, more restricted document.

Because Nebraska runs death investigation at the county level, the exact handling of a request can vary slightly from one county coroner's office to the next.

Who Performs Autopsies in Nebraska?

Nebraska does not have a single statewide medical examiner. Death investigation is county-based, and the county attorney serves as the ex officio county coroner under Neb. Rev. Stat. 23-1210, which provides that the county attorney shall perform all of the duties enjoined by law upon the county coroner.

The coroner appoints a coroner's physician to handle the medical side of the work. That physician examines the body, may perform the autopsy, and certifies the cause or causes of death back to the county attorney.

An autopsy is not done for every death. It is ordered when a death is sudden, violent, unexplained, or suspicious, and the coroner needs to determine whether unlawful means were involved. The county attorney can order an autopsy without the family's consent in those circumstances.

Nebraska law specifically requires examination in certain cases, including the sudden death of a person under 19 years of age and deaths that occur while a person is being apprehended by or held in the custody of law enforcement (Neb. Rev. Stat. 23-1821, 23-1822, and 23-1824). Toxicology testing is commonly part of these examinations.

Who Can Request a Nebraska Autopsy Report?

Anyone can ask. The Nebraska Public Records Statutes apply, in the Nebraska Supreme Court's words, "equally to all persons without regard to the purpose for which the information is sought," and the Attorney General has pointed out that the Chapter 23 autopsy statutes give surviving family no special access of their own.

The one family-specific right in the statute is narrow. Neb. Rev. Stat. 84-712.05(5)(b) opens records about the cause of or circumstances surrounding the death of an employee arising from that employment to a family member once the investigation is concluded.

In practice, next of kin, a legal representative of the estate, and an attorney handling a related matter are the requesters most often accommodated. That is because the exceptions only permit nondisclosure and never require it, so the county attorney may release the report to whoever he chooses. It is discretion, not entitlement, and a family member can be refused just as a stranger can.

Before sending a written request, contact the county coroner's office directly to ask how it handles autopsy records and whether the death investigation is still open.

How to Get an Autopsy or Toxicology Report in Nebraska

Send your request to the county coroner's office, which is the county attorney's office in the county where the death was investigated. The request is processed under the Nebraska Public Records Act.

Put the request in writing. Include the full name of the deceased, the date and place of death, your relationship to the deceased, and the specific records you want, such as the autopsy report and any toxicology results.

The agency must respond within four business days of receiving the request. It can grant access, deny the request in writing with an explanation, or explain a delay and give a date when the records will be available.

Fees are limited to the actual added cost of fulfilling the request, such as per-page copy charges and clerical time. Sarpy County, for example, bills clerical time and charges per page for copies; rates differ by county, so confirm the cost before the office begins copying.

Expect a wait. A complete autopsy with toxicology often takes 60 to 90 days to finalize, and the office may hold the report while a criminal case or death investigation remains open. Once the investigation closes, the office can revisit the request.

Autopsy Report vs Death Certificate in Nebraska

These are two different documents. The death certificate is the official vital record of the death, issued through the Nebraska Department of Health and Human Services, and it includes a single cause-of-death line.

The autopsy report is the detailed medical document produced by the coroner's physician. It explains the examination, findings, and toxicology results that support the cause-of-death determination.

If you only need to settle an estate, claim benefits, or close accounts, a certified death certificate is usually enough. If you need the medical detail behind the cause of death, you need the autopsy report from the county coroner.

When a death is still under investigation, the state may issue a pending or abstract death record without a final cause until the coroner completes the work.

Nebraska Autopsy Report Facts

Disclaimer: This page is general information about Nebraska autopsy and coroner records, not legal advice. Rules and fees vary by county and can change. Verify the current process with the county coroner's (county attorney's) office before relying on this information.

Sources

This page relies on the Centers for Disease Control and Prevention's summary of Nebraska coroner and medical examiner law, the Nebraska Revised Statutes, and the Nebraska Attorney General's outline of the state Public Records Statutes together with its August 15, 2025 disposition on autopsy records (File No. 20251085).

Related: see Nebraska Death Records for the broader state guide, the national Death Records by State hub, and Are Autopsies Public Records? for how access works nationwide.