A. BIOGRAPHICAL INFORMATION: Fill in your. 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? Explore the affidavit of nonprosecution, its legal implications, and potential future developments in criminal cases. 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 asked the DA if I could file an affidavit of non prosecution and he said no. I filed and affidavit of nonpersecution at the DA's office once following their template but they are still persecuting her. All you can do is tell the place you're not interested in prosecuting. And you would like them not to make the arrest.