Effective October 1, 2025, Session Law 2025-70 amended NCGS § 130A-385 which implemented new confidentiality standards on disclosure and release of certain medical examiner records. In accordance with this law, certain records are now confidential under G.S. 130A-385 unless a legal exception applies. These new confidentiality standards apply to requests for records of 1) any death that is under criminal investigation or the subject of a criminal prosecution, or 2) any death of a child who was under 18 years of age at the time of death. The new law outlines specific, limited exceptions to these restrictions. These rules apply to all relevant cases, regardless of the date of death. While we continue to process requests, the OCME Documents Request System is being updated to comply with new state law, which is causing delays in document production. NCDHHS is working diligently with our staff to ensure we are still able to provide this important public service while we work to implement new protocols that ensure compliance with state law. Please see amendments to § 130A-385 for more details about these new confidentiality standards and associated legal exceptions.

• Amendments to NCGS § 130A-385 prohibit the release of medical examiner records of 1) any death that is under criminal investigation or the subject of a criminal prosecution, or 2) any death of a child who was under 18 years of age at the time of death.
• For records that are under criminal investigation or the subject of a criminal prosecution, limited release may be permitted to the following individuals:
  • personal representative of the decedent's estate,
  • beneficiary of a benefit or claim associated with the decedent,
  • surviving spouse,
  • child or stepchild,
  • parent or stepparent,
  • sibling, or
  • legal guardian
• For records related to the death of a child who was under 18 years of age at the time of death, limited release may be permitted to the following individuals:
  • personal representative of the decedent's estate,
  • beneficiary of a benefit or claim associated with the decedent,
  • surviving spouse,
  • decedent's parents,
  • adult children of the decedent,
  • legal guardian or custodian of the decedent,
  • legal guardian or custodian of a child of the decedent,
  • any person holding power of attorney or healthcare attorney for the decedent,
  • the legal representative of any of the above-named authorized individuals

Once the new system is implemented, if you are requesting access to confidential documents subject to the amended § 130A-385, you will need to provide documentation demonstrating you meet one of the exceptions outlined in the law. Example documents that will meet this new requirement are listed below for awareness.