Embattled actor Jussie Smollett will not be returning to the Fox show Empire for its sixth and final season, USA Today reported.

Show co-creator Lee Daniels took to Twitter June 4 to refute a Variety report that speculated Smollett would return. "This is not factual," Daniels tweeted. "Jussie will NOT be returning to Empire."

Smollett was written out of the final episodes of the fifth season after he was arrested and charged with filing a false police report in connection with a Jan. 29 incident that Chicago authorities said was a hoax. ( Charges were suddenly dropped in March. ) The openly gay actor allegedly staged a racist/homophobic attack in order to ultimately be paid more for his Empire role.

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