Tom Sizemore

Tom Sizemore (Getty Images)

LOS ANGELES (KTLA) -- Actor Tom Sizemore has been released from custody after an early morning arrest his representative is blaming on a clerical error.

The actor was taken into custody during an unrelated investigation after officers discovered Sizemore had an outstanding warrant in his name for misdemeanor battery.

He was charged with one count of misdemeanor spousal battery back in 2009 after allegedly roughing up his then-girlfriend in a violent confrontation.

But Sizemore's rep claims the entire incident was a clerical error.

He says the outstanding warrant was for uncompleted community service.

According to Sizemore's people the community service has been complete.

Both sides will have their say in court October 14 when the actor is scheduled to appear in this latest brush with the law.

Sizemore has a history of substance abuse and domestic violence arrests.

He was convicted in 2003 of assault and battery on then-girlfriend, "Hollywood Madame" Heidi Fleiss.

In 2006, he pleaded no contest to methamphetamine possession and was sentenced to probation.

Sizemore was arrested for methamphetamine possession in Bakersfield the following year.

He was later sentenced to 16 months in prison.