The appeals court agreed with his lawyers that he should be free pending the appeal of his conviction for lying to police about a racist and homophobic attack.
The actor walked out of the Cook County Jail after spending six nights behind bars. He didn't say anything as he got into the SUV.
The appeals court ruling came after a Cook County judge sentenced the actor to prison for lying to police. Immediately after the sentence was handed down, he proclaimed his innocence and said he was not suicidal. I didn't do it to myself when I went in there. You must all know that.
After posting a personal recognizance bond of $150,000, he doesn't have to put down money but agrees to come to court, according to the appeals court.
Nenye Uche, the defense attorney for the man, said that the family is very happy with the developments.
He criticized the special prosecutor for charging him again after the initial charges were dropped.
There is no room for politics in our court system and our appellate courts do not play politics.
If he remained in the Cook County Jail, he could be in danger of physical harm, as his attorneys argued, because he would have completed the sentence by the time the appeal process was completed.
The office of the special prosecutor said that the claim that Smollett's health and safety were at risk was incorrect.
The court's decision marks the latest chapter in a strange story that began in January of this year, when a black and gay man reported to Chicago police that he was the victim of a racist and homophobic attack by two men wearing ski masks. The search for the attackers turned into an investigation of himself and his arrest on charges that he orchestrated the attack and lied to police about it.
The two men who were paid by him to stage the attack worked on the show.
The disorderly conduct charge was filed when a person lies to police. He was found not guilty on a sixth count. With good behavior, he could have been released in as little as 75 days.
During the trial, he maintained his innocence. He shouted at the judge that he was innocent and that if he died in custody it was someone else who would have taken his life.
Uche said that when he heard the news, Jussie pushed his hands on the glass between them.
The next step is to appeal the verdict.
We can be reached at letters@time.com.