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 non-prosecution is not a "special" form. You will likely not get in trouble. Even if your statement in the affidavit of non-prosecution conflicts with what you reported to police. I intend for this document to serve as my Affidavit for Non-Prosecution in the matter of the State of Texas v. The reasons for the claim are: 10. I certify that my answers in Section B are true, correct, and complete.