Empire will return for a sixth season, but Jussie Smollett's return remains uncertain.
A joint statement from Fox Entertainment and 20th Century Fox TV said the studio isn't including him in the series, but is leaving open the possibility of his return.
Last week, in an appearance on Good Day New York, series creator Lee Daniels said Smollett's fate was still being considered.
Smollett was charged with multiple felony counts alleging the actor duped the Chicago police into believing he had been the target of a hate crime.
Prosecutors later dropped the charges against Smollett, but the city has asked him for more than $130,000 to cover the cost of the investigation.
Smollett has starred on Empire since the show's start in 2015.