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? Non-Prosecution in the matter of the State of Texas vs. There is no set form or format of an affidavit of nonprosecution in Texas. I, the undersigned, do solemnly swear or affirm that the information provided above is true and correct. Unfortunately, there isn't a standardized, universally available "Affidavit of Non-Prosecution Form. This document allows victims to voice their desire not to press charges, potentially relieving them from drawnout court procedures.