This Affidavit is an important document. You must fill out this Affidavit completely, and provide accurate information.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? Where do I get a affidavit of non prosecution to sign to use in court ? Do I contact the da office or do I make the file myself. When you submit an affidavit of non prosecution you are giving up your right to any type of compensation or restitution. I asked the DA if I could file an affidavit of non prosecution and he said no. Find out how to submit a public records request to the MCAO Custodian of Records.