One of the men arrested by Chicago police in connection with the attack on Empire star Jussie Smollett has previously been convicted on assault charges, DailyMail.com can disclose.

Olabinjo Osundairo, 27, was sentenced to two years’ probation and fined $674 in September 2012 after pleading guilty to a single count of aggravated battery in a public place.

Bodybuilder Osundairo was originally charged with attempted murder, two counts of aggravated battery causing great bodily harm, one of aggravated battery with an air rifle, two of aggravated battery in a public place and one of unlawful restraint.

All charges except one of aggravated battery were thrown out, according to a disposition document obtained exclusively by DailyMail.com.

Younger brother Abimbola, 25, is also no stranger to the law and was booked on DUI and speeding charges in July 2015 according to Chicago arrest records.

Police said on Friday that they are being released due to 'new evidence'.

Abimbola, left, and Olabinjo Osundairo, right, are the two brothers questioned over the Jussie Smollett attack whose home was raided in Chicago on Wednesday

Abimbola, left, was booked on DUI and speeding charges in July 2015 according to Chicago arrest records. The brothers were picked up at Chicago O'Hare Airport on Wednesday

The brothers arrived back in America after visiting family in Nigeria to be questioned over the January 29 attack involving the star. They were arrested on suspicion of battery

The two siblings denied any involvement in the attack and say they were horrified to hear of it with the rest of the world when it grabbed headlines last month

The Osundairo brothers were collared on Wednesday night at Chicago O’Hare airport, as they returned from a trip to visit family in Nigeria.

Their shared apartment was also raided by police, who took away bottles of bleach and a pair of Nike shoes.

Although the property is shared with other family members, there was no answer when DailyMail.com visited the home earlier today – although evidence of the police raid could be seen in the badly dented door.

Smollett is pictured in the hospital after a friend called the police to report the attack

The two men had flown to Africa the day after the January 29 attack on Smollett which took place close to his apartment building on East Water Street.

Smollett, 36, initially said the attack appeared to be racially motivated and claimed his assailants shouted ‘this is MAGA-land’ as they punched and kicked him.

He also told police he did not recognize his attackers. Cops later released a grainy video showing two men walking away from the crime scene.

Although Smollett said he did not know who attacked him, both brothers are known to the actor and he follows them on social media.

Their shared Instagram account also features a video of them working out at the private gym in Smollett’s luxury apartment block.

Both have also made cameo appearances in Empire, as well as on cop show Chicago PD. They now produce bodybuilding videos while Olabinjo also works as head of security at local bar Whiskey Business, according to his social media profiles.

Court documents relating to previous convictions of Olabinjo Osundair. Olabinjo and brother Abimba Osundair, from Nigeria, were questioned over the incident involving Empire star Jussie Smollett in Chicago

Olabinjo, 27, pleaded guilty to a single count of aggravated battery in 2012

The bodybuilder had faced a number of charges, including attempted murder

Abimbola, 25, was also booked on a DUI and speeding charges in July 2015

They were arrested on suspicion of battery but police said they are being released due to 'new evidence'.

PIO Anthony Guglielmi said the pair spent the morning being interrogated in the presence of their attorney Gloria Schmidt.

He also revealed that cops are yet to find video documenting the alleged attack on Smollett but insisted that the department have found no evidence of a hoax and that the actor ‘continues to be treated as a victim, not a suspect’.

The actor, pictured, wept as he said 'who the f*** would make that up' when addressing the skepticism surrounding his version of events. Smollett told Good Morning America he was heartbroken that his story had been questioned

In a June 2018 Instagram video, one of the brothers is seen walking on his hands on a treadmill inside the private gym in Smollett's luxury apartment building

The brothers' lawyer said on Thursday that they worked out with the actor and were friends

The damaged door to the apartment of Olabinjo and brother Abimba Osundair

Police damaged the door when they raided the property on Wednesday night

On Thursday, Schmidt told CBS Chicago that her clients were ‘baffled’ by their arrest and had been left ‘horrified’ by the attack on Smollett.

She added: ‘When they first learned what happened to him [Smollett], they were horrified. This is someone they know.

'This is someone they’ve worked with, so they don’t want to see somebody go through that. They are really baffled why they are people of interest.

'They really don’t understand how they even got information that linked them to this horrific crime, but they are not guilty of it.'