Explore the affidavit of nonprosecution, its legal implications, and potential future developments in criminal cases. 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.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? How to file an affidavit of non prosecution in Texas? This affidavit is a sworn statement, which is punishable under penalty of perjury if there are falsehoods or lies contained in the affidavit. And I am 18 years of age or older.