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? An affidavit of non-prosecution is not a "special" form. And I am 18 years of age or older. Texas allows for the filing of an affidavit of nonprosecution. That doesn't mean, however, that the DA won't still go forward with the case. Complete an affidavit of non-prosecution. This is an explicit request that the prosecutor drop the charges. Notarized affidavits are not admissable.