While his not residing with you might help, the fact that he might be present in your life or may spend the night frequently could still give a court cause.
Whether the court can or will act, we cannot say. But, unless you are absolutely certain of his criminal history, you may be in for a few surprises.
As a note, few people go to prison for theft or receiving stolen property. If he did, it was likely because he pled down from far more serious offenses, or, he has a loooong history of such offenses such that his past finally caught up to him. And, if he has a history of larceny, his activities could draw you in as well.
Before you take up this fight, you may want to see if you can find out for yourself exactly what his history might actually be. If you wait until court, it might be too late.

