CHICAGO (CBS) — Although he will still be under contract, Jussie Smollett will not likely appear in the next season of “Empire.”

“The studio has negotiated an extension to Jussie Smollett’s option for season six, but at this time there are no plans for the character of Jamal to return to ‘Empire,’” Fox Entertainment and 20th Century Fox Television said in a statement, first reported in Variety.

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Cook County prosecutors dropped disorderly conduct charges against Smollett, who had been accused of paying the two brothers $3,500 to stage a homophobic and racist attack on him on Jan. 29. The show’s producers also cut out Smollett’s character from the final episodes of this season.

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Cook County prosecutors dropped the charges against Smollett, after he agreed to forfeit his $10,000 bail, and performed 16 hours of community service.

Smollett has maintained his innocence, and said he was “truthful and consistent” from the start, but prosecutors have said they do not believe he is innocent, and Mayor Rahm Emanuel has said the actor owes Chicago an apology.

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The city is also suing the actor to recoup about $130,000 in costs incurred to investigate the case.