Actor Jussie Smollett is headed to rehab after what his reps are calling an ‘extremely difficult past few years’ as the performer still attempts to appeal his conviction in Chicago.

The Empire star filed an appeal of the December 2021 conviction for staging an anti-gay, racist attack on himself and then lying to Chicago police about it. 

Smollett is in an outpatient facility at an unknown location, according to TMZ. 

‘Jussie has had an extremely difficult past few years. He has quietly been working very hard for some time now and we are proud of him for taking these necessary steps.’ a spokesperson for the actor said in a statement. 

It’s not known what exactly Smollett is headed to rehab for but testimony during the trial hinted at heavy drug use.

Jussie Smollett poses for a Cook County jail booking photograph as he begins his sentence in Chicago, March 10, 2022

Smollett called for a new trial in March after being jailed for staging the attack on himself.

During the police probe, Chicago cops concluded that Smollett had hired brothers Abimbola and Olabinjo Osundairo to carry out the crime. He was sentenced to 150 days in jail last year. 

In the 102 page appeal, they wrote: ‘Mr. Smollett’s constitutional rights to due process and to a fair trial were denied by prosecutorial misconduct including allegations that a defense witness was pressured to change his statement…and shifting the burden during closing arguments.’

Smollett was convicted in December of five counts of disorderly conduct for lying to police about being the victim of a racist, anti-gay attack he said was perpetrated by Trump supporters who screamed ‘this is MAGA country’.

He told Chicago police he had been accosted on a darkened street by two masked strangers.

According to his account of the attack, the assailants threw a noose around his neck and poured chemicals on him while yelling racist and homophobic slurs and expressing support for then-President Donald Trump.

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The two assaulters were Nigerian brothers Abel and Ola Osundairo, who are black.

Empire actor Jussie Smollett filed an appeal of the December 2021 conviction for staging an anti-gay, racist attack on himself and then lying to Chicago police about it

Smollett was convicted of five counts of disorderly conduct for lying to police about being the victim of a racist, anti-gay attack he said was perpetrated by Trump supporters who screamed ‘this is MAGA country. Police said Smollett cut his own cheek to make it look like he had suffered injuries in the attack

The brothers, who testified in court, told the jury Smollett hired them to fake the attack because he wanted to boost his celebrity profile.

Smollett later claimed that in the days before the stunt, when prosecutors said he and the brothers were rehearsing the attack, they were actually getting together to smoke marijuana.

He shocked the court by claiming he ‘made out with’ and ‘masturbated’ with Abimbola Osundairo during a visit to a bathhouse.

The actor told the jury he thought the brothers staged the attack on him to try to scare him into thinking he needed bodyguards, and to give them the job.

In March 2022, three months after a jury found him guilty of felony disorderly conduct, a judge sentenced the actor to 150 days in jail.

Jussie Smollett was found guilty of orchestrating and reporting a false hate crime on himself

Jussie Smollett raises his fist to proclaim his innocence as he is escorted to jail at the Leighton Criminal Courthouse during his sentencing for staging an attack on himself in Chicago, 10 March 2022

Smollett was six days into his sentence when an appeals court ordered his release from custody pending an appeal of his conviction and sentence.

The Osundairo brothers have since filed a defamation lawsuit, alleging that Smollett’s comments were part of an effort to portray them as racist, homophobic and violent men who truly attacked him.