That person also cleared error logs on 5.X which is not considered safe.Umm, that's practically unheard of.
https://gbatemp.net/threads/nintendo-switch-banning-hub.508710/
So far there's only been 1 instance where someone has been banned that never used SX OS or LayeredFS. Obviously I can't make any guarantees, but I'd say you're probably safe at least in the short term if all you're doing is using homebrew emulators and backing up saves, at least for offline games.