Nebraska
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. The Nebraska Attorney General has confirmed that autopsy reports are public records that the custodian may withhold under the medical-records and investigatory-records exemptions, so in practice the full report is most often released to the next of kin or a legal representative. 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 Act, agencies may, at their discretion, withhold medical records and investigatory records. Autopsy findings can be withheld under the medical-records exemption and the investigatory-records exemption in Neb. Rev. Stat. 84-712.05, but the statute and the Attorney General make clear this withholding is discretionary, and toxicology (alcohol and drug) results are excluded from 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. 23-1201.01.
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?
The next of kin is the most likely person to obtain a full Nebraska autopsy report. This typically includes a surviving spouse, parent, adult child, or sibling of the deceased.
A legal representative of the estate or an attorney handling a related matter can also request the report. Insurers, treating physicians, and parties to litigation may receive records in specific circumstances tied to their legal interest.
Because the report is not a general public record, a member of the public with no family or legal connection to the deceased usually cannot obtain the full document. Coroner offices weigh each request against the privacy and investigatory exemptions in the Public Records Act.
If you are unsure whether you qualify, contact the county coroner's office directly and explain your relationship to the deceased before submitting a written request.
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
| Item | Nebraska |
|---|---|
| Public record? | Yes, but the custodian may withhold it at its discretion under the medical and investigatory exemptions |
| Death investigation system | County-based coroner (county attorney is ex officio coroner) |
| Who performs the autopsy | Coroner's physician appointed by the county coroner |
| Who can request the report | Next of kin and legal representatives |
| Where to request | County coroner's (county attorney's) office |
| Fee | Actual copy and clerical costs; varies by county |
| Governing law | Neb. Rev. Stat. 23-1201.01, 23-1824, and 84-712.05 |
| Pending-case hold | Yes; can be withheld while a case is open |
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 Act.
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.
Frequently Asked Questions
Are autopsy reports public record in Nebraska?
Technically yes. The Nebraska Attorney General has concluded that an autopsy report is a public record under the Nebraska Public Records Act, but the custodian may withhold it at its discretion under the medical-records and investigatory-records exemptions (Neb. Rev. Stat. 84-712.05). In practice the full report is most often released to next of kin or legal representatives, and toxicology (alcohol and drug) results cannot be withheld under the investigatory exemption.
How do I get an autopsy report in Nebraska?
Send a written request to the county coroner's office, which is the county attorney's office in the county where the death was investigated. Include the deceased's name, the date and place of death, your relationship to the deceased, and the records you want. The agency must respond within four business days.
Who can request an autopsy report in Nebraska?
The next of kin, such as a spouse, parent, adult child, or sibling, is most likely to obtain the full report. A legal representative of the estate or an attorney with a related interest may also request it. A member of the public with no family or legal connection usually cannot get the full document.
How much does a Nebraska autopsy report cost?
Fees are limited to the actual added cost of fulfilling the request, including per-page copy charges and clerical time. Rates vary by county, so confirm the cost with the coroner's office before they begin copying.
Can I get an autopsy report while the case is open?
Often no. The coroner's office can withhold the report while a criminal case or death investigation is still active, using the investigatory-records exemption. Once the investigation closes, you can renew the request.
Is an autopsy report the same as a death certificate?
No. The death certificate is the official vital record with a single cause-of-death line, issued through Nebraska DHHS. The autopsy report is a separate, more detailed medical document held by the county coroner that explains the findings behind the cause of death.
Updates
Governing law re-checked for recent changes
Clarified that Neb. Rev. Stat. 23-1824 specifically mandates autopsies for the sudden death of a person under 19, rather than citing it as authority for the full sudden/violent/suspicious/in-custody trigger list.
Governing law re-checked for recent changes
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on 2 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
Nebraska Revised Statutes, Chapter 23: COUNTY GOVERNMENT AND OFFICERS
§ 23-1824Minor; autopsy required; when; guidelines; reimbursementIn force
(1) The county coroner or coroner's physician shall perform, at county expense, an autopsy on any person less than nineteen years of age who dies a sudden death, except that no autopsy needs to be performed if (a) the death was caused by a readily recognizable disease or the death occurred due to trauma resulting from an accident and (b) the death did not occur under suspicious circumstances. The Attorney General shall create, by July 1, 2007, guidelines for county coroners or coroner's physicians regarding autopsies on persons less than nineteen years of age. (2) The county coroner or coroner's physician shall attempt to establish, by a reasonable degree of medical certainty, the cause or causes of the death, and shall thereafter certify the cause or causes of death to the county attorney. No cause of death shall be certified as sudden infant death syndrome unless an autopsy, a death scene investigation, and a review of the child's medical history reveal no other possible cause. (3) A county may request reimbursement of up to fifty percent of the cost of an autopsy from the Attorney General.
Official text (excerpt) · as of 2026-07-29 · Read the full section at nebraskalegislature.gov
Nebraska Revised Statutes, Chapter 84: STATE OFFICERS
§ 84-712Public records; free examination; memorandum and abstracts; copies; feesIn forcecited in 5 of our articles
(1) Except as otherwise expressly provided by statute, all residents of this state and all other persons interested in the examination of the public records as defined in section 84-712.01 are hereby fully empowered and authorized to (a) examine such records, and make memoranda, copies using their own copying or photocopying equipment in accordance with subsection (2) of this section, and abstracts therefrom, all free of charge, during the hours the respective offices may be kept open for the ordinary transaction of business and (b) except if federal copyright law otherwise provides, obtain copies of public records in accordance with subsection (3) of this section during the hours the respective offices may be kept open for the ordinary transaction of business. (2) Copies made by residents or other persons using their own copying or photocopying equipment pursuant to subdivision (1)(a) of this section shall be made on the premises of the custodian of the public record or at a location mutually agreed to by the requester and the custodian. (3)(a) Copies may be obtained pursuant to subdivision (1)(b) of this section only if the custodian has copying equipment reasonably available.
Official text (excerpt) · as of 2026-07-29 · Read the full section at nebraskalegislature.gov
Cited in 43 court opinionsMost recently applied by a court: 2024
Leading cases: State ex rel. BH Media Group v. Frakes (Nebraska Supreme Court 2020, 943 N.W.2d 231) · Nebraska Journalism Trust v. Dept. of Envt. & Energy (Nebraska Supreme Court 2024, 316 Neb. 174) · Jacob v. Nebraska Bd. of Parole (Nebraska Supreme Court 2022, 313 Neb. 109)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nebraska Laws on Recording Police: Your Rights and Limits (2026), Nebraska Police Body Camera Laws: Retention & Records, Public Records Laws by State: FOIA Guide for All 50 States (2026)
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- CDC Public Health Law: Nebraska Coroner/Medical Examiner Laws(cdc.gov).gov
- Neb. Rev. Stat. 23-1824 (autopsy by county coroner)(nebraskalegislature.gov).gov
- Nebraska Attorney General: Outline of Nebraska Public Records Statutes (Neb. Rev. Stat. 84-712)(ago.nebraska.gov).gov
- Nebraska DHHS Vital Records(dhhs.ne.gov).gov