What Ard said is 100% correct. If you don't believe it, go on e90post and read all the stories of people getting their coverage voided by BMWNA. Yes, the codes can be cleared. The one thing you have going for you is that you drive an X5. They are particularly suspicious of E90 sedans. Also, if you keep within a safe range on the tune, there is a 98% chance you will be fine. It's a matter of whether or not you want to assume a certain amount of risk.

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2013 X5 Xdrive35i Premium
2013 F30 328i
2004 Mustang GT Very Modded...