Non-Prosecution in the matter of the State of Texas vs. How to file an affidavit of non prosecution in Texas?How do i go about filling out an affidavit of non prosecution? Is there a form i can fill out or a certain wording required? An affidavit of nonprosecution is a sworn document in which the plaintiff expresses their desire not to prosecute the case or participate in the prosecution. An affidavit of non-prosecution is not a "special" form. Court: Court of Criminal Appeals of Texas. I intend for this document to serve as my Affidavit for Non-Prosecution in the matter of the State of Texas v. Md. Election Code Ann.