Are Autopsy Reports Public in West Virginia? (2026)

West Virginia autopsy and toxicology reports are not public records. The Office of the Chief Medical Examiner (OCME) classifies decedent records as confidential medical records, so the general public cannot obtain them. Only the legal next of kin (or a court-appointed representative) may request a copy after the case is closed.

Are Autopsy Reports Public in West Virginia?

No. West Virginia autopsy reports are not public records. The Office of the Chief Medical Examiner classifies decedent records as confidential medical records, and disclosure is restricted by statute and office policy.

This is different from many open-records situations. A curious member of the public, a journalist, or a researcher cannot simply request another person's autopsy report and receive it.

Access is limited to specific people: the legal next of kin, a court-appointed estate representative, and certain officials acting in their professional capacity. To understand how this fits the national picture, see Are Autopsies Public Records?.

Who Performs Autopsies in West Virginia?

West Virginia uses a state-centralized medical examiner system. The Office of the Chief Medical Examiner, housed within the Department of Health, oversees death investigations statewide.

The state combines medical examiners and coroners. Under West Virginia Code Sect. 61-12-7(a), the Chief Medical Examiner appoints a county medical examiner for every county in the state, to serve a three-year term under the supervision of the Chief Medical Examiner. Separately, under Sect. 61-12-14, the county commission of every county may appoint a county coroner, who holds the office at the pleasure of the commission and is paid at a rate fixed by the Chief Medical Examiner. Neither office is an independently elected coroner.

An autopsy is performed when the chief or county medical examiner decides it is advisable and in the public interest, typically for sudden, violent, suspicious, or unexplained deaths. An autopsy may also be ordered when requested by a prosecuting attorney or a circuit court judge.

Under West Virginia Code Sect. 61-12-10, when a prosecutor or judge requests an autopsy, it must be conducted within 72 hours of the decedent being received by the OCME.

Who Can Request a West Virginia Autopsy Report?

Only the legal next of kin may request an OCME report directly. The OCME follows a priority order: spouse, then adult children, then a parent, then a sibling, then a grandparent.

A court-appointed administrator, executor, or executrix can supersede the next-of-kin requirement with proper documentation. Third parties such as attorneys or insurers must provide written authorization from the legal next of kin.

The statute also allows certain officials to obtain copies. Any prosecuting attorney or law-enforcement officer may secure copies needed for official duties, and a court (or the parties to a case where cause of death is a material issue) may obtain them. Hospitals and attending physicians may receive reports for quality review and medical record completion.

How to Get an Autopsy or Toxicology Report in West Virginia

You request a report directly from the Office of the Chief Medical Examiner. The OCME accepts written requests by email at OCMEReportRequests@wv.gov.

A valid request must include the decedent's full name, date of birth, date of death, and county of death. It must also include your relationship to the deceased, the specific reports you want (autopsy, toxicology), a signed request with an original signature, a copy of your government-issued photo ID, and valid contact information.

After the OCME validates your request, it sends an invoice with payment instructions. Once payment is verified, the OCME mails the requested documents. Fax delivery is reserved for the investigating agency on file, not for next-of-kin requests. Plan for processing time, since the office reviews each request before releasing records.

Reports are released only upon case closure. Any case that may still be under criminal or active investigation cannot be released without a written release from the prosecuting attorney. If the death is still being investigated, expect a hold until the case closes.

The OCME is located at 619 Virginia Street West, Charleston, WV 25302, and can be reached at (304) 558-6920, Monday through Friday, 8 a.m. to 5 p.m.

Autopsy Report vs Death Certificate in West Virginia

These are two different documents from two different offices. The death certificate is a vital record issued through West Virginia Vital Registration, while the autopsy report comes from the OCME.

A West Virginia death certificate lists the cause and manner of death in a short summary line. It does not include the detailed findings, photographs, toxicology results, or the full narrative contained in an autopsy report.

The autopsy report is the detailed forensic document. It explains how the medical examiner reached the cause-of-death conclusion that later appears on the certificate. For the certificate process, see West Virginia Death Records.

Disclaimer: This page provides general information, not legal advice. Rules, fees, and procedures change. Always confirm current requirements directly with the West Virginia Office of the Chief Medical Examiner before requesting a report.

Sources

This page is based on the West Virginia Office of the Chief Medical Examiner document-request guidance, West Virginia Code Sect. 61-12-10, and CDC public health law data on West Virginia's coroner/medical examiner system.