May 01, 2019 02:12 PM EST

Empire Renewed for Sixth Season Without Jussie Smollett

Empire Renewed for Sixth Season Without Jussie Smollett
Fox's "Empire" has been renewed for a sixth season but we won't be seeing Jussie Smollett anytime soon. However, don't count him out completely.

"By mutual agreement, the studio has negotiated an extension to Jussie Smollett's option for Season 6, but at this time there are no plans for the character of Jamal to return to Empire", said Fox Entertainment and 20th Century Fox TV in a statement on Tuesday.

Reps for Smollett also commented about the news, saying, "We've been told that Jussie will not be on Empire in the beginning of the season but he appreciates they have extended his contract to keep Jamal's future open. Most importantly he is grateful to Fox and Empire leadership, cast, crew, and fans for their unwavering support."

Smollett could be facing jail time for allegedly staging a racist and homophobic attack against himself. He maintains his innocence.

Season 5 of "Empire" is still airing on Fox and will wrap on May 8.

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