How to get the autopsy report, records and jail video after a death in custody in California

If you are trying to figure out how to get the autopsy report after a jail death in California, you may be finding that no one will tell you what happened. We are very sorry for your loss. The coroner, the sheriff and the jail's medical provider each hold a different piece of the story, under different rules.

This guide covers the autopsy and coroner's report, the death certificate, the jail's investigation file and video, medical records, and the public death reports California requires. It also explains preservation letters and why the six-month claim deadline does not wait for any of it. Many of the same rules, especially for body-camera video, also help people hurt by police and families after a police shooting.

A quick checklist: the records, who has them, and the law

Record	Who holds it · How to ask · Typical timing · Law
Autopsy and coroner / medical examiner report	County coroner or medical examiner · Request to its records unit · Often 4 to 6 months, after the case closes · County practice; Gov. Code § 27520
Autopsy photographs	Coroner or medical examiner · Family authorization, subpoena or court order · Varies · Code Civ. Proc. § 129
Certified death certificate	County health office or recorder; CDPH · Through the funeral home · A "pending" version may come first · Health & Safety Code § 103526
Jail's death investigation file, including video	Sheriff or jail agency · Public Records Act request · 45 days, with delays allowed · Penal Code § 832.10
Use-of-force records and video	Officer's employing agency · Public Records Act request · 45 days, with delays allowed · Penal Code § 832.7; Gov. Code § 7923.625
Public death notice	Agency that had custody · Its website · Within 10 days, in most cases · Penal Code § 10008
Report to the Attorney General	California DOJ · Public Records Act request · Filed within 10 days · Gov. Code § 12525
Jail and hospital medical records	Jail medical provider; hospitals · Personal representative or authorized attorney · 15 days; 5 days for attorneys · Health & Safety Code § 123110; Evid. Code § 1158
ICE detainee death report	ICE · Posted online; FOIA for more · Within 90 days · DHS appropriations; FOIA

How do I get the autopsy report after a jail death?

Deaths in custody go to the county coroner or medical examiner, which differs by county. Los Angeles County has a separate Department of Medical Examiner. In Orange County, the coroner is a division of the Sheriff's Department, the same department that runs the jails. Santa Clara County has had an independent medical examiner-coroner since 2017. In Riverside County, a new state law, SB 1379, separates the coroner from the sheriff and creates an independent medical examiner by July 1, 2027.

Plan for a wait. The San Diego County Medical Examiner releases reports only after a case closes, which averages 4 to 6 months. It runs toxicology in about 70 percent of cases, and emailed copies are free. Orange County's coroner likewise releases records only after a case is closed, generally in about 4 to 6 months, and emails them at no charge.

Until tests come back, the cause of death may be listed as "pending" or "deferred." Los Angeles County's medical examiner issues a deferred certificate first and amends it later. Autopsy photographs are not part of the report. Under Code of Civil Procedure § 129, they are generally released for a civil case about the death only with written authorization from an heir or close family member, a subpoena, or a court order.

Can our family get an independent autopsy?

Yes, in most cases. Under Government Code § 27520, the coroner must perform an autopsy, if none has been done, when the surviving spouse asks in writing; if there is no spouse, a child or parent, and then the next of kin. The coroner may also do a second autopsy on the same request. The person who asks pays. Families can also hire a private forensic pathologist once the body is released to the funeral home.

Move quickly. San Diego's medical examiner says a body is generally ready within 48 hours after the next of kin signs a release. The right to decide on burial or cremation generally passes from a health care agent to the spouse, then adult children, parents and adult siblings, under Health and Safety Code § 7100. Tell the funeral home before any cremation or embalming if you want a second autopsy. After cremation, it is no longer possible.

Getting the death certificate

Coroners do not issue death certificates; the funeral home usually orders them. Only certain people can get a certified copy under Health and Safety Code § 103526, including a parent, child, spouse or domestic partner, sibling, grandparent or grandchild, and an attorney for the person or the estate. Others get an "informational" copy. The state fee is $24 a copy. Order several; most legal steps need one.

Jail video and records after a death in custody

For years, a jail's own investigation was hard to get. SB 519 added Penal Code § 832.10, and since July 1, 2024, records of a county jail's investigation into a death in its custody are not confidential. The law covers investigative reports, photo, audio and video evidence, interview recordings, autopsy reports, materials sent to the district attorney, findings and discipline.

The agency must produce the records within 45 days of a request, but may delay during an active criminal investigation, generally no later than 18 months after the death, with exceptions such as while charges are pending. It may redact some private information but cannot charge for searching or redacting.

When force was used, two more laws apply. Penal Code § 832.7, as changed by SB 1421 and SB 16, opens records of force by a peace officer or custodial officer that caused death or great bodily injury, and certain sustained findings of excessive force or failure to intervene. Under AB 748, now Government Code § 7923.625, video of such a "critical incident" can generally be delayed only up to 45 days for an active investigation, longer with a continuing showing. Even when video is withheld from the public for privacy, certain heirs or representatives of the person who died must receive it promptly. These laws are not limited to jails. They also cover body-worn camera video and records when a police officer shoots someone or uses force that causes death or serious injury on the street. See our guides to police shooting wrongful death claims and excessive force.

These requests go under the California Public Records Act, renumbered in 2023 to start at Government Code § 7920.000. The agency must answer within 10 days, with up to 14 more days in unusual circumstances, under § 7922.535. Agencies often cite the investigation-file exemption in § 7923.600, so a request should name the specific death-records laws above.

How California tracks deaths in custody

Under Government Code § 12525, the agency must report every in-custody death to the California Attorney General within 10 days and update the report within 10 days of new facts. Those reports are public records, minus confidential medical information.

Under Penal Code § 10008, added by AB 2761, the agency must also post basic facts online within 10 days: the facility, the person's age, race and gender, the date, custody status, and the manner and means of death. It gets 10 more days if it is still reaching the next of kin, and must update the post within 30 days of a change. See, for example, Orange County's page and the table for CDCR prisons.

The jail must complete an internal death review within 30 days and send it to the Board of State and Community Corrections (BSCC) within 60 days. A BSCC Director of In-Custody Death Review now reviews county jail death investigations under Penal Code § 6034; the sheriff must answer the Director's recommendations within 90 days, and both are posted publicly.

Medical records of someone who died in custody

Jail medical records are often the key evidence. Under federal privacy rules, a deceased person's records go to the personal representative, someone with legal authority to act for the person or estate, such as an executor or administrator. California law also allows a beneficiary or personal representative to ask. Copies are due within 15 days under Health and Safety Code § 123110, and within five days for an authorized attorney under Evidence Code § 1158.

If no probate case is open, a family member can often act as "successor in interest" by signing a declaration under Code of Civil Procedure § 377.32, with a certified death certificate attached. Some providers still ask for court-issued letters of administration.

If the death happened in ICE detention

ICE says Congress requires it to make public all reports about an in-custody death within 90 days. For records beyond the posted report, families can make a written Freedom of Information Act request; its stated goal is 20 business days. Read our guide to ICE detention deaths in California for the federal claim rules.

Why preservation letters go out early

Video and logs can be overwritten in the normal course of business. A lawyer can send written demands to the county, the sheriff and the medical contractor to keep them. We usually ask for:

• All fixed and body-worn camera video of the housing unit, intake, medical areas and any transport
• Cell-check and safety-check logs, including electronic scan data
• Radio traffic, 911 and dispatch recordings
• Medical charts, sick-call requests and medication records
• Booking, intake screening and housing or classification records
• Phone call, video visit and visitor logs
• Incident reports, staffing rosters and internal review files

The deadlines that matter

Records take months, and the claim deadline does not wait. State-law claims against a California county or city, such as wrongful death, require a written government claim within six months of the death under Government Code § 911.2. Federal civil-rights claims generally have two years, and claims against private medical contractors have their own limits. You do not need the final autopsy to file. See our guide to the six-month government claim deadline, which applies the same way to claims against a city or county after police force. Our guides on whether you can sue after a death in jail and survival claims after a jail death explain who can bring a claim.

What to do in the first weeks

1. Call the coroner or medical examiner, get the case number, and ask how to request the report.
2. Decide quickly about a second autopsy, before any cremation.
3. Order several certified death certificates through the funeral home.
4. Look for the agency's public death notice, and save a copy or screenshot.
5. Do not sign anything from the county, the jail or a medical contractor before talking with a lawyer.
6. Write down names and dates. Keep letters, voicemails and texts.
7. Save the person's social media and phone records.
8. Talk with a lawyer well before the six-month mark.

For a fuller list of first steps, see what to do when a loved one dies in jail.

For county-specific contacts, see our guides to deaths in Los Angeles County jails, Orange County jails and Riverside County jails.

How LaCour helps families get the records

LaCour Trial Lawyers is a trial firm, and a partner leads each case involving police misconduct and wrongful death in custody. We send preservation letters, make records requests, work with independent pathologists and file claims on time, statewide. Our team includes Spanish-speaking lawyers and staff. There is no fee unless there is a recovery. You can ask for a free, confidential review.

Frequently asked questions

This guide is general information about California and federal law and about public records as of its date. It is not legal advice, and reading it or contacting us does not create an attorney–client relationship. Allegations in lawsuits are claims, not findings. Prior results do not guarantee a similar outcome. Attorney advertising.