Affidavits of Non-Prosecution are designed for a victim of a criminal charge to file in the event that they do not want the accused of the crime to be formally 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. I will respond to you within 24 hours.