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?This affidavit is a sworn statement, which is punishable under penalty of perjury if there are falsehoods or lies contained in the affidavit. Explore the affidavit of nonprosecution, its legal implications, and potential future developments in criminal cases. I asked the DA if I could file an affidavit of non prosecution and he said no. There is no single "fill-in-the-blank" form that can be readily downloaded and used. How to Request an Affidavit of Non-Prosecution. 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. All you can do is tell the place you're not interested in prosecuting. And you would like them not to make the arrest.