I actually think I have an option here in a not destructive way... albeit a touch hacky
What I am doing is getting a list of all the top level files and running a move for each of those items in a try catch...
Move to (pathname + ".temp") and back
This will fail if there is any user control issues (open folders or greedy processes) and succeed if all processes will continue without said file / directory.
This catches most of my edge cases, and may help someone else whose trying the same